Region: Netherlands

Soya milk and peanut butter: what names can and cannot be used?

Like vegetarian meat substitutes, dairy substitutes are also often named after the product they are replacing. A conflict about this practice has led to a ruling by the European Court of Justice.

28 June 2017

Bull fight finally yields a victor

After 14 years, the protracted legal fight between coffee shop The Bulldog and energy drink brand Red Bull is over, with The Bulldog coming out on top. But what can be learned from this case?

05 April 2017

The game-changer who just wanted to fly

Former pilot Brian Hinman has run big corporate IP groups, monetised major patent portfolios and established ground-breaking businesses. Now chief IP officer at Philips, he has compelling views on the current state of the IP market and how it might develop

31 March 2017

Naturalis must halt refurbishment on grounds of architect’s copyright

In recent interlocutory proceedings a judge ordered Naturalis, a museum in Leiden, to stop the refurbishment of its building. The building's architect had opposed the refurbishment on the grounds of his copyright in the original design.

29 March 2017

Can a vegan schnitzel be called a schnitzel?

Vegetarian meat substitutes often bear the name of the meat product that they are replacing – for example, schnitzel, sausage roll or chicken kebab. In the Netherlands, politicians are debating these practices and considering how to stop this misleading use of meat names.

01 February 2017

Iceland versus ICELAND: why a country’s name can also be a trademark

British supermarket Iceland Foods is at loggerheads with Iceland the country over the European trademark registration for ICELAND. The question to be decided is whether a company can claim the name of a country.

07 December 2016

European Commission notice against patentability of plants does not affect European plant patents

The European Commission recently issued a notice regarding the patentability of plants and animals obtained by means of essentially biological processes. However, the commission’s notice is not legally binding; it is up to the courts and boards – not the commission – to interpret the law.

23 November 2016

Illegal hyperlinks: the final decision

Is posting a hyperlink to a work which is protected by copyright allowed? Ruling in the long-running <i>Sanoma</i> case, the European Court of Justice has now said yes – and no.

19 October 2016

Protecting well-known trademarks in the European Union

Featured in IAM Yearbook 2017

The basic principle of most continental countries in the European Union is that trademark protection is acquired through registration. However, the Paris Convention for the Protection of Industrial Property provides protection for unregistered…

12 October 2016

Fate of Unified Patent Court after UK referendum

Now that the votes have been counted, it is clear that the UK electorate has voted to leave the European Union. No matter how the exit procedure goes, the situation will have a major negative impact on the realisation of the European patent package.

29 June 2016

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