With your company, you successfully and carefully create value with your intellectual property for years to come. The purpose of this article is to point out to you, as the owner of intellectual property rights (such as trademarks, copyrights, designs and patents) in the Netherlands, the possibilities of enforcing these rights and of combating infringement.
Short Summary Proceedings
In summary proceedings, it may be claimed in urgent cases that the infringer is prohibited from commercially exploiting the infringing products. A disadvantage is that no damages can be claimed in summary proceedings. You will have to start proceedings on the merits for this. An advantage of this procedure is that, in principle, the legal costs (including the costs of your lawyer) will have to be paid by the other party, if the court assigns your claim. Another advantage is that you can relatively quickly prevent an infringing party from (continuing to) perform the infringing acts.
The development of street art in the last few decades has led to more elaborate forms of the early graffiti movement, including spray paintings, mosaics, and installations in public spaces by renowned artists like Banksy. From a legal perspective, this begs the question as to what rights do these works of art possess if they were created on a privately or publicly owned space (even illegally), and what limitations do artists have in seeking compensation if ever their works are altered from their original intention? The European Union Intellectual Property Office (EUIPO) recently held a webinar presented by Spanish attorney Elisa Carrión Álvarez on May 28th about this topic, discussing the extent to which street art is protected under copyright law in the European Union and in common law countries like the United States and the United Kingdom.
The “use” requirement in trademark revocation cases in China based on non-use for three consecutive years
It was in autumn 2016 that the Walloon Region, through its Minister President Paul Magnette, vetoed the signing of the Comprehensive Economic and Trade Agreement (“CETA”) by the European Union.
Copyright Dispute on whether an act of uploading Posters, Snapshots and Screenshots of films on an information-sharing platform for comments and exchange among Internet users constitutes fair use regulated in Article 22 of Copyright law.
Walking in Milan during the Art Week you probably come up against the Venice gate’s bastions wholly wrapped up with hundreds of hessian fabrics.
Last March, the European Parliament finally approved the regulation designed to protect cultural goods against smuggling and to put a stop to a source of terrorist financing.
