Patent/IP in Holland

1. Holland >
2. Starting a Business >
3. Patent/IP

Intellectual Property

For a list of Patent Attorneys, please click on the 'Patent Attorneys Holland' tab located above.

Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.

Patents

Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.

To qualify for a patent, an inventor must invariably create something that is:

• Of patentable matter
• Unique to patentee
• Merited and can be utilised
• Innovative
• Non-obvious
  

Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.

Patents are protected under the Patents Act 1995. Inventions that are new, involve an inventive step, and that are susceptible to industrial application are protected. The life of a patent is optional: 6 years or 20 years.

Trademarks

Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.

Famous examples of trademarks are Coca Cola and McDonald's.

Protection is governed by the Uniform Benelux Trade Marks Act. An application must be submitted to the Benelux Trademarks Office either directly or through the Danish Industrial Property Office. Protection has a longevity of 10 years. Renewal is possible.

Copyright

Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.

Registration Office
Octrooicentrum Nederland
Netherlands Patent Office
P.O. Box 5820
Patentlaan 2
Rijswijk
2280 HV
Netherlands

Tel: +31 70 398 68 99
Fax: +31 70 390 01 31
E-mail: info@octrooicentrum.nl
Website: www.octrooicentrum.nl

Click here to Ask an Expert about Patent/IP in Holland