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INTELLECTUAL PROPERTY RIGHTS IN NETHERLANDS

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Opposition Term

02 Months

Registration Term

10 Years

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • The Implementing Regulation under the Benelux Convention on Intellectual Property (trademarks and designs) is the primary law governing the mechanism of trademark registration and protection in Netherlands.

  • For getting a trademark registered in Netherlands, an application has to be filed with the Benelux Office of Intellectual Property (BOIP), which administers the entire trademark registration process.

  • It follows a 'first-to-file' system, which means that trademark registration is mandatory for protection.

  • Netherlands follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.

  • The third parties can file opposition actions against a trademark application within two (02) months of the publication of the application.

  • In Netherlands, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.

  • The grace period to renew a trademark after the date of expiry is six (06) months.

  • The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.

  • Netherlands is a member of the Paris Convention for the Protection of Industrial Property.

  • The Dutch Patent Act, 1995 - deals with the mechanism of patent protection in Netherlands. 

  • For seeking patent protection in Netherlands, an application has to be filed with the Netherlands Patent Office, which administers the entire process of patent grant.

  • In Netherlands, an invention that satisfies the conditions of novelty, inventive step, and industrial application, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.

  • The types of patent applications that can be filed include Non-Convention Application and Convention Application.

  • In Netherlands, pre-grant oppositions cannot be filed against national patents.

  • The validity of a patent in the Netherlands is twenty (20) years from the filing date. The first annuities are required to be paid after a patent is granted starting from the 4th year of the date of filing, on the last day of the month of filing.

  • The Uniform Benelux Designs Law governs and deals with the mechanism of registration of industrial designs in Netherlands.

  • For getting an industrial design registered in Netherlands, an application has to be filed with the BOIP, which administers the entire process of registration.

  • The types of industrial design applications that can be filed in Netherlands include Non-Convention Application and Convention Application.

  • Opposition against an industrial design application can't be raised in Netherlands.

  • A design registration in Benelux is valid for five (05) years from the date of filing of an application and can be renewed for four (04) consecutive periods of five (05) years each. The maximum period of protection of an industrial design in Benelux is twenty-five (25) years.

  • The time frame for payment of the renewal fee before the due date is six (06) months. 

  • The renewal fee shall be paid during twelve (12) months before expiry of the registration or within a grace period of six (06) months for which a surcharge applies.

  • Netherlands is a signatory to the Berne Convention for the Protection of Literary and Artistic Works. 

  • The Act of September 23, 1912, containing New Regulation for Copyright (Copyright Act 1912, as amended up to September 1, 2017) is the basic legislation governing copyright protection in Netherlands.

  • In Netherlands, copyright comes into existence as soon as the work is created. There is no formal procedure for registration of copyright.

  • Works of individual authors enjoy copyright protection until seventy (70) years starting from 1st January of the year following the author's death.

  • Posthumously published works before 1995 have enjoy copyright protection until fifty (50) years after publication (pre-1995 law's term), or seventy (70) years after the death of the author, whichever duration is the longest.

  • The duration of the copyright belonging jointly to two or more persons in their capacity as co-authors of a work shall be calculated from 1st January of the year following the year of the death of the last surviving co-author.

  • The copyright in a work of which the author has not been indicated or has not been indicated in such a way that his identity is beyond doubt expires seventy (70) years after 1st January of the year following the one in which the work was first lawfully communicated to the public.

  • Copyright in a cinematographic work expires seventy (70) years from 1st January of the year following the year of death of the last person among the principal director, the screenplay, the author of the dialogue, and the author of the music made for the film.