Have you developed creative works such as software, texts or designs and want to protect them from unauthorised use? Or are you marketing a new product or service and want to register your brand name or logo? Do you know how to protect your trade secrets and know-how from competitors?
We advise my clients on all aspects of intellectual property law and the protection of know-how and trade secrets.
Intellectual property law protects your creative efforts and innovative ideas. This area of law covers various rights, such as copyright, trademark, patent, database and design rights. These rights apply to things like software, texts, designs, and the name of your product or service.
It is also important to protect your know-how and trade secrets from competitors and unauthorised disclosure in other ways.
Our specialists at Delissen Martens will be happy to advise you on all facets of intellectual property law so that you can properly protect your creations and trade secrets.
Are you looking for an intellectual property law lawyer? You are welcome to come to our office in The Hague. Our intellectual property lawyers have the right knowledge and expertise to assist you. Although our office is located in The Hague, we operate throughout the Netherlands. See below our team of relevant counsel in the field of intellectual property law.
Intellectual property (IP) includes rights arising from creative or intellectual achievements. This can include copyright, trade marks, patents and designs. Copyright protects literary, artistic and scientific works. Trademarks protect distinctive signs such as names and logos. Patents protect technical inventions, while design rights protect the appearance of products from being copied. These rights give the owner exclusivity and the ability to prevent others from using their creations.
To protect a trademark, it must be registered with a trademark office, such as the Benelux Office for Intellectual Property (BOIP) for protection in the Benelux countries, or the European Trademark Office (EUIPO) for protection throughout the European Union. A trademark registration gives the owner the exclusive right to use the trademark for the registered classes of goods or services. A trademark must be distinctive and not confusingly similar to existing trademarks. Once registered, a trademark is protected for 10 years and can be renewed indefinitely.
To prevent infringement of intellectual property rights, it is important to properly protect your rights by registering them, as in the case of trademarks, patents and designs. It is also advisable to regularly monitor whether third parties are infringing your rights, for example by checking the trademark on marketplaces or online platforms. If an infringement is found, a demand letter can be sent to stop the infringement. In serious cases, legal action can be taken, such as a lawsuit to obtain damages or an injunction against further infringement.
When copyright is infringed, the rights holder can take legal action. This often starts with a summons letter asking the infringer to stop using the work and pay damages. If the infringer does not comply, the case can be taken to court. The court may decide to prohibit further distribution of the work and may award damages to the right holder. In addition, the infringer may be obliged to hand over the profits made from the infringement to the rights holder.
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