Region: Netherlands

Protecting the valuable Dutch dance music industry

The Dutch dance music industry is worth more than €500 million a year and has become an important export product. However, in order to continue being successful and to protect innovations against infringement by third parties wishing to piggyback on that success, DJs and festival and event organisers need to have registered, legally strong trademarks.

23 July 2014

Degeneration into a generic name: companies are victims of their own success

The aim of every trademark owner is for its trademark to become well known on the market. However, this success can backfire when a trademark becomes so well known that consumers start to think that it is a generic name for the underlying products or services. Although this might appear to be the ultimate compliment, such development may lead to the downfall of a trademark.

16 July 2014

Court grants MSD injuction for infringement by Mylan

Merck Sharp & Dohme Corp (MSD) owns a patent protecting the application of the drug finasteride for the treatment of androgenic alopecia. MSD initiated infringement proceedings in 2012 against Mylan, which was marketing a generic finasteride product. The District Court of The Hague recently ruled on this dispute.

09 July 2014

Court rules on (fashion) design law

The District Court of The Hague recently issued a judgment in a case involving well-known clothing brand O’Neill and Scandinavian clothing manufacturer L-Fashion. The subject: the design of a ski jacket. The decision demonstrates the importance of protecting and monitoring IP rights.

23 April 2014

Illegal downloads arrive in the Netherlands

Until April 10 2014, illegal downloads did not exist in the Netherlands. Anyone could legally download music, films and books without incurring a penalty. However, on that date the European Court of Justice ruled that the download ban would take effect in the Netherlands immediately.

16 April 2014

De Smaak Van: protecting trade names and domain names

A preliminary relief judge recently accepted De Smaak Van's request that use of the trade name De smaak van Twente for culinary activities be stopped. As both companies are engaged in the organisation of culinary events and the provision of business gifts and Christmas hampers, and their activities all take place in the region of Twente, the judge felt that there was a risk of confusion.

09 April 2014

Protecting The Diary of Anne Frank

<i>The Diary of Anne Frank</i> is well known. Frank's death in 1945 meant that copyright in the diary will expire in 2016, and thus the Anne Frank Trust applied for additional protection under trademark law. However, both the Benelux Office for Intellectual Property and the Court of Appeal rejected the application.

29 January 2014

Calling a halt to trademark infringement in social media

Trademark use, and thus trademark infringement, have increasingly shifted from the offline to the online world. How should you deal with trademark infringement on the Internet and, more specifically, how can you guard against trademark infringement in social media?

09 October 2013

District Court of The Hague confirms patentability of plants obtained by classical breeding

The District Court of The Hague has passed judgment in <i>Cresco v Taste of Nature</i>, ruling that as long as a plant meets the criteria for patentability of "novelty, inventiveness and industrial applicability" and is not a plant variety, that plant is patentable. The Enlarged Board of Appeal of the European Patent Office must now deal with exactly the same questions in cases involving tomatoes and broccoli.

26 June 2013

Advocate general confirms Dutch Court of Appeal's Cipralex decision

The validity of Lundbeck's European patent and supplementary protection certificate protecting its blockbuster drug Cipralex® has been litigated in the Netherlands since 2008. The advocate general recently issued his opinion on the issue, but the Supreme Court's final decision is still awaited.

15 May 2013

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