Region: Netherlands

Philips LED deal shows that Chinese investors, as well as corporates, see the strategic power of IP assets

IAM readers keeping tabs on the LED industry will likely be aware of the recently announced deal which will see Philips sell the majority of its Lumileds lighting components unit to Chinese-led investment consortium GO Scale Capital for $3.3 billion…

13 April 2015

Claims on plants obtained by essentially biological processes not excluded from patentability

Good news for the plant biotech industry: the Enlarged Board of Appeal has issued its ruling in the consolidated <i>Broccoli</i> and <i>Tomato</i> cases in favour of the patentability of claims on a novel plant product generated by an essentially biological process or a product-by-process claim defined in the terms of such a process.

08 April 2015

NXP-Freescale merger underlines patent power shift in semiconductor sector

Barely a quarter of 2015 has passed and we have already seen four significant M&A events take place in the microchip industry. The latest (and largest of 2015, to date) was revealed at the start of this week, when the Netherlands’ NXP Semiconductors…

05 March 2015

Managing directors, beware personal liability for IP rights infringement

If a managing director is found liable for damage, the compensation that he or she is required to pay from private funds can mount up. However, under Dutch law it is rare for a managing director to be held personally responsible for an IP rights infringement. For this to happen, a case of personal liability must be made against him or her.

28 January 2015

Defending your stripes

Benelux companies using stripes on their vehicles must consider the right of the Netherlands, which safeguards its copyright and trademark rights in its territory in the stripes used on government vehicles. However, the state has not always succeeded in defending its stripes, as demonstrated by its case against Darkness Reigns Holding.

21 January 2015

The value of a sound trademark

The world’s most valuable trademarks are APPLE ($98 billion), GOOGLE ($93 billion) and COCA-COLA ($79 billion). Not only does the standard word mark or logo of these brands represent great value to the balance sheet of the business, but certain sound trademarks may achieve even greater recognition and represent even greater value than the associated word mark or logo.

29 October 2014

Retro: registering 'lost' brands

Retro has made a comeback in recent years. Brands which used to be all the rage but then disappeared from the market are now getting a new lease of life. Reintroducing such names and benefiting from the goodwill often still associated with the brand is an attractive proposition for companies. But is it allowed?

22 October 2014

Hollandaisas slips up on flip-flops

In a case brought by flip-flop manufacturer Havaianas, the Central Netherlands District Court held that the trademarks HOLLANDAISAS and HAVAIANAS were not similar enough to create confusion. However, the judge held that the Hollandaisas flip-flops were in breach of the Havaianas design.

15 October 2014

Some trade names are best at sufficient distance

The Van der Valk hospitality chain, which owns hotels, motels and restaurants, is well known in the Netherlands. The place name, which forms part of the name of each of its hotels, distinguishes them in terms of location, but can sometimes result in conflict. Recently, the Oost-Brabant Court considered whether a new Van der Valk hotel could open with a similar name to another hotel just 15 kilometres away.

06 August 2014

Battle of the stars

In a recent decision, the Benelux Office for Intellectual Property (BOIP) considered whether two logos, one owned by EFE SA and the other by the European Commission, were similar. In order to do so, BOIP considered the logos' visual, aural and conceptual similarities

30 July 2014

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