International Reports - Archived content

Archived content for Netherlands

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21 Oct 2009
Advertising Standards Authority keeps “Patent Expert” from Dutch market

The Advertising Standards Authority has stopped a man from calling himself a “Patent Expert”. His action was deemed to violate the Advertising Standards because “Patent Expert” is not an official term and because the defendant’s qualifications were insufficient. Full text

10 Jun 2009
Use of Teletubbies on merchandising products

The Court of The Hague recently ruled on whether use of a character under licence meant use of the trademark. The question at issue was whether use of the TELETUBBIES trademark on merchandising products could be interpreted as use of the trademark with the intention to inform the public as to the origin of the products involved. Full text

04 Mar 2009
Court bans further PINK RIBBON mark applications

The Court of The Hague has imposed a ban on the registration of the Benelux and Community trademarks for the word mark PINK RIBBON and any marks using a combination of the words “pink” and “ribbon”. The court held that the Scheffrahn group had deliberately forced the Pink Ribbon Foundation to spend huge sums of money by repeatedly filing new applications and subsequently withdrawing them. Full text

10 Dec 2008
EPC 2000 improves position of Dutch patent proprietors

Under Dutch patent law, patent proprietors may amend claims after grant. The conditions for such amendments are identical to the conditions imposed by the European Patent Convention (EPC) 2000 on amendments of granted patents during opposition proceedings, and substantially similar to the conditions under which the EPC 2000 allows national law to revoke patents. Full text

08 Oct 2008
Second and further medical use claims under the EPC 2000

The European Patent Convention (EPC) 2000 provides for the patentability (subject to the requirements of novelty and inventive step) of a known substance or composition not only for its first use as a medicament, but also for further medical uses. Recently a referral to the Enlarged Board of Appeal was made regarding the allowability of dosage regimes in (further) medical use claims under the EPC 2000 - an issue that was generally considered resolved under the old EPC. Full text

07 May 2008
Supplementary protection certificates: when is a product protected by a basic patent?

In Ranbaxy v Warner-Lambert the Court of Appeal of The Hague has provided criteria for assessing Article 3(a) of the Supplementary Protection Certificate Regulation. It remains to be seen how this decision will influence the practice of the Netherlands Patent Office. Full text

06 Feb 2008
Patents Act gets ready to welcome applications in English

The Patents Act 1995 has been amended and the new version is expected to come into force during the first half of 2008. The new act would allow patent applications, though not claims, to be submitted in English, making the Netherlands among the first countries in Europe to depart from having a national language requirement for national patents. Full text

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Issue 85