Based in The Netherlands we gained much International Industrial Legal Practice Experience in the effective suppression of all kinds of Unfair Competition. We also specialize in complicated negotiations relating to Industrial Know-How, Transfer of Technology and Licensing.

In case you may need more specific infomation, please don't hesitate to contact us!

• Intellectual Property
• Trademark
• Design
• Patent
• Copyright
• Unfair Competition

Intellectual Property [IP] comprises a number of legal sectors such as copyright, patent, ornamental design, trademark and trade name, breeder’s rights and, most important for an enterprise, the suppression of unfair competition.

The protection of such intellectual property rights certainly is not a mere matter of administration. The extent of protection should be defined and appears from the relevant certificated. It is therefore of paramount interest that the wording of the selected kind of protection is carefully considered and defined in advance so as to enable the client to later on prohibit competitors effectively from infringing upon such rights. In this respect the enterprise should be aware of adopting a well-considered strategic approach for the intended protection.

Our extensive international experience in treating matters of Intellectual Property with respect to strategy, sales, import and export, will always be expressed in our valuable advice, resulting in a well respected, preferably unique, market position.

A trademark can be a word, name, symbol, logo or combination thereof or any other sign adopted and used by a manufacturer or company to identify its products and to distinct them from products or services of others. The primary function of a trademark is to identify the origin of the goods or services. A trademark is also a guarantee for consistency of quality. It warrants the customer that all goods or services under the same trademark are of the same quality as the consumer may expect after his prior experience.

In most countries a trademark originates from a trademark application and remains in force by continued trademark use. Apart from registration, your trademark is also to be protected by correct and consequent use; if a trademark is used incorrectly, it can become a generic name and be lost as a trademark. Examples of such loss are aspirin en nylon. Correctly used trademarks may be maintained indefinitely.

In the trademark application the goods or services for which the trademark is to be used are to be indicated, so as to provide the applicant with a monopoly on the [continued] use of the trademark for the described goods or services.

The owner of a valid trademark is in a position to prevent others to make economic use of the trademark, or a similar trademark, in those countries the trademark is protected for.

Benelux trademark rights are generally acquired by first application and its subsequent registration. Prior thereto a trademark search can be conducted in order to investigate its registrability. A Benelux trademark registration expires 10 years after its filing date and it remains always renewable for same periods.

In order for a trademark to be accepted for registration it should be distinctive; its distinctiveness is verified by the Benelux Trademark Authority.  All new filed trademarks are published, so as to enable owners of prior trademark rights to oppose the application.  If no opposition is filed and it is accepted for registration, trademark protection within the Benelux territory is obtained for a period of 10 years, always renewable for same periods upon payment.

A Community trademark offers protection for the entire market of the European Union and is momentarily covering 27 countries.

A Community trademark may consist of any sign capable of being represented graphically, amongst others words, designs, letters, shape of goods or of their packaging. The sign has to be capable to distinguish goods or services.

The duration of a trademark registration is 10 years. The registration is indefinitely renewable for a same period of time. After acceptance of the application,  publication of the trademark in the Community Trademarks Bulletin will follow. Within a period of 3 months after publication, owners of earlier trademarks (Community trademarks and/or national registrations or applications or well known trademarks!) may give notice of opposition.

A so-called International trademark registration can be based only upon prior application/ registration in Benelux or in any of the other member countries to the relevant International Treaty.

This type of international registration can cover  the member countries, however these countries must expressly be designated, each requiring payment of protectional tax fees. Within 4 months from its filing, the official certificate of the International registration will be received. Yet this registration is subject to national examination procedures in [some of] the designated countries. Consequently the international registration may be subject to total/partial refusal or opposition by third parties.

The International registration expires 10 years after the filing date and is always renewable for same periods. However during 5 years from the registration date, the International registration remains dependent on the so-called ’home-registration’.

If protection is [also] desired in other countries than the countries covered by the International registration, national applications in these non-member countries may be filed.

The requirements and costs thereof however vary per country; on request we can provide you with an updated review on costs and [formal] requirements.

According to the Benelux Treaty on Intellectual Property the owner of a trademark is obliged to prevent so-called dilution of trademarks by opposing any infringement. Also for competition reasons we would advise you to proceed against any infringing trademarks. However, it is often the case that you are not (yet) informed about potentially infringing trademarks in Benelux.

We can now offer you a trademark watch, consisting of a three-monthly research for new trademark applications and/or registrations in Benelux which are identical or highly similar to your trademark. If we encounter such an infringing trademark application and/or registration we will inform you and, if required, advise you about any necessary action.

On request we can inform you about the possibilities of Trademark Watches in other countries or areas.

Any entrepreneur should remain continuously aware of any competitive activities in the market which may undermine or infringe respectively upon any of his intellectual property rights. Alertness in this respect will always be an absolute "must". 

The owner of a trademark can prohibit third parties from using its sign or a similar sign in the course of the trade from the date of publication of registration in the entire territory, provided the registration cannot be invalidated on the grounds of non-use during a period of 5 consecutive years.

Third parties can be prevented from use of any sign which is identical with the trademark in relation to goods or services which are identical with those covered by registration; where, because of its identity with or similarity to the trademark and the identity or similarity of the goods or services covered by the trademark and this sign, there exists a likelihood of confusion on the part of the public; which is identical with or similar to the trademark in relation to goods or services which are dissimilar, where this trademark has a reputation and where the use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trademark.

Design protection can be acquired for a novel visual appearance or outlook of a product or part thereof, in so far as the appearance is new and has an individual character.

Exclusive rights are acquired by deposit of a design application, from which the characteristic novel appearance of the design is clear.

A design patent registration expires after 5 years and is renewable for four periods of 5 years each. Novelty of the design within the European Union is a condition sine qua non for valid design registration.

By filing a design application, design protection may also be obtained for all the countries of the European Union; the design registration is valid for a period of 5 years, which period is renewable with 4 period of 5 years each.

Apart from the registered design protection, within the European Union also unregistered design protection is possible. A novel visual appearance with an individual character is being protected against copying for a period of 3 years after the date the new design was first made available to the public.

International design protection, which may also cover the Benelux countries, is acquired by means of a design application. This application can only be field in those countries being member to the relevant Treaty and protection is only applicable in those countries if they are specifically indicated – and paid for - in the application. The design registration is valid for a period of 5 years, which period is renewable for at least one period of 5 years. If the national Design Law in one of the indicated countries provides for a longer period of validity of national design protection, the International design registration may be valid – in that country – for same period. As far as the countries of the European Union are concerned, design protection may last up to 25 years.

Design protection in other countries may be acquired by filing a national design application. The conditions an costs may vary and on request we will advise yu on the subject.

Introduction

If you desire to protect your newly developed product or new method exclusively, you may consider applying for a national and/or international patent protection. As a proprietor of a patent you may prohibit third parties for a restricted period of time to use your patented invention commercially. In order to qualify for a patent, the invention needs to comply with three requirements:

• Absolute novelty i.e. the invention should not have been made known publically before the filing date of the patent application (some countries may have exceptions);
• Innovative; the invention should not be considered to be obvious to any expert;
• Industrial applicability.

The grant of a patent results from the inventive contents of a prior patent-application. Not only it should contain a full description of your invention, but the patent claims do define the extent of your protection and thus your exclusive rights to prohibit others.

The duration of the patent-to grant-procedure is sometimes controlled by your own discretion. You determine when (or if) the next step in the procedure is to be taken and thus if any additional expenses will be made, e.g. for PCT (Patent Cooperation Treaty) International and European patent applications. Any, patent maintenance fees are to be paid in order to keep your application and/or patent alive.

Patent rights are e.g. granted nationally; you may only attack a Dutch patent infringement on the basis of a valid Dutch patent or a valid Dutch part of a European patent. Several options are at your disposal if you are interested in a patent protection outside The Netherlands also.

You may apply for a national patent application in countries of your choice, but it is also possible to "bundle" patent applications in a number of countries as a result of international patent treaties.

Our patent specialists will assist you in all national and international procedures; they will advise you if your product or invention would need patent protection in the first place, and if so, we may draw up the application and perform all required procedures.

But in the first place they will outline a tactic for a patent-protection-plan with you in order to eliminate any unexpected, unintentional and unnecessary expenses.

In the event of initiating court cases resulting from patent infringement we are able to coordinate and prepare any and all instructions for supporting the patent owner.

We have an industrial experience and we know ways and means to take out the best possible legal and strategic approach to increase our client's chances.

In contrast with general opinion, copyright does not only involve paintings, books or music, in short art. The criterion for copyright protection is not artistic value, but originality.

In order to obtain copyright protection it is not required to file an application. According to the Dutch Copyright Act, copyright protection is obtained by the sole creation of a work. This is an advantage because there are no formalities that have to be complied with or any procedures that have to be followed. On the other hand this may cause uncertainty when a copyright is being disputed and therefore the existence thereof must be proved.

When you require further information we will be more than happy to be advise you in more detail.

Suppression of acts of unfair competition dealing with intellectual and/or industrial property aspects has specifically been mentioned by the PARIS CONVENTION, already concluded 1883!

Unfortunately many legal advisors to industrialists really do not really understand that the phenomenon of unfair competition is very delicate and it often cannot simply be analyzed if the real marketing position is not known.

If one does not know what "unfair competition" means, how than to prevent it or how to react upon it.