Region: Netherlands

By royal appointment: IP rights implications of the coronation

As well as being an occasion of national celebration, the coronation of Prince Willem Alexander is of particular interest as the royal House of Orange and IP rights are closely entwined. Advertising agencies, companies and trademark holders that turn the coronation to their advantage can seriously benefit from the festivities – even more so if they manage to protect their creative efforts properly through IP rights.

01 May 2013

Appeal court grants injunction against infringement

In a technically complex case, the Court of Appeal has granted Agfa Graphics NV an injunction after finding that products offered and sold on the Dutch market by Chinese company Chendu Xingraphics Co Ltd NV infringed Agfa’s European patent specification.

20 March 2013

Pure 3D trademarks: a unique occurrence

According to European legislation, three-dimensional (3D) trademarks can be registered. However, day-to-day practice can be surprising. Once a 3D trademark passes the distinctiveness text, the exceptions laid down in the law will be lurking - for instance, is the shape determined by the nature of the product, or does shape give products substantial value? Therefore, registering a pure-form trademark in Europe is rare.

20 February 2013

Dutch NPE obtains multimillion-dollar patent infringement settlement

In the wake of the patent trial between Apple and Samsung in the United States, Dutch engineering company ItoM BV has enjoyed success against both companies by obtaining a multimillion-dollar licensing settlement. ItoM challenged several major electronic companies for infringement of its proprietary transceiver technology.

29 August 2012

The Hague leads the way in IP rights decisions

In recent months the courts of The Hague have issued some key decisions relating to IP rights. As well as guaranteeing the right of copyright owners to receive proper compensation for the private use of copyrighted material, the courts have made their mark in the ongoing IP battle between Apple and Samsung.

25 April 2012

Stepping up the tax facilities for innovative business

The government has scaled up a tax facility created in 2007 for innovative businesses operating in the Netherlands. Intellectual property qualifying for the tax facility now includes research and development acitivities, such as those aimed at technological developments of new physical products, physical production processes or software or technical research.

07 December 2011

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.

21 October 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.

10 June 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.

04 March 2009

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.

10 December 2008

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