Region: Netherlands

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

Starting patent rights enforcement in Europe through a single action

As the Netherlands is an important gateway for products into Europe, obtaining patent protection in the Netherlands may offer a company a way to prevent infringing products entering the European market. In addition, trademark protection in the Netherlands can be equally important.

22 June 2016

Protection and enforcement of second medical use claims

Featured in IAM Life Sciences 2016

This chapter reviews recent developments at the European Patent Office (EPO) regarding the patentability of second or further medical use of substances or compositions, focusing on the Swiss-type claim and its successor, the purpose-limited product…

24 May 2016

Food for thought: protection and design of foodstuffs and packaging

Consumers come across food and drink products every day, and several times a day they must choose between the products of various suppliers. The distinguishing power and brand experience of these products and their packaging play a big role in these choices.

20 April 2016

EPO opposition: key players, key fields and the key to change

Opposition before the European Patent Office (EPO) is a powerful tool for challenging the validity of a granted European patent. It is a way of obtaining a central decision of a technically qualified board that applies in all countries in which the…

11 April 2016

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