Intellectual property

Intellectual property is the umbrella term used for copyright, related rights, trademark law, trade name rights, design rights and patent law. Intellectual property laws protect certain achievements and distinguishing signs. What the different rights deriving from intellectual property (IP) have in common is that they protect products originating from the human mind. Copyright laws protect human creations such as texts, film and photos (“works”) and trademark laws protect “distinguishing signs” such as brand names and logos.

The cases we handle relate to advice and litigation on, among other things:

  • (digital) copyright: the use of copyright protected material online and the role of intermediaries in the enforcement of copyright laws;
  • opposing the sale of counterfeit products by competitors;
  • situations in which a competitor uses an identical or similar brand, or an identical trade name;
  • drafting, assessing and negotiating contracts on the subject of intellectual property, including license agreements, distribution agreements, agency agreements, transfer deeds and co-existence agreements.
  • due diligence and advice concerning assets of intellectual property rights in mergers and acquisitions;
  • giving presentations, training and lectures on intellectual property.

Intellectual property rights provide a proprietor with an exclusive right for a certain period of time. This means that others may not use their work without permission. Should they do that anyway, they infringe intellectual property rights. This set up gives the proprietor the opportunity to earn back his investment but it also stimulates him to carry on producing creative works, which, in the long run, is beneficial to innovation and social development.

Intellectual property rights are laid down in a great number of national laws and international treaties, guidelines and regulations. These laws and regulations set out the object to which the intellectual property rights pertain, who the proprietor is, what the conditions for protection are, what the extent of the exclusive right is and which measures can be used to protect said right. Each intellectual property right has its own exceptions and limitations to the exclusive right.  Intellectual property rights are property rights which means they can be transferred and licensed.

bureau Brandeis’ attorneys are specialists in copyright and related rights, trademark law and trade name law.  The team is well versed in the complex laws and regulations in relation to intellectual property and are always up to date with the latest developments. Continuous technological developments and contemporary possibilities mean that the field of intellectual property is always changing.  The IP attorneys at bureau Brandeis are absolute specialists and well aware of the dynamics in their field.

Our specialists

Hans Bousie

Hans is partner of bureau Brandeis. Internationally, Hans specializes in cross border antitrust damage litigation. His excellent skills in combining market economics with legal frameworks beef up his in depth knowledge of antitrust law obtained…


Full profile
Journal
Case law

Supreme Court: private copying legislation was unlawful

bureau Brandeis / 08 Mar 2014

The State of the Netherlands acted unlawful by enacting private copying legislation under which certain digital devices were not imposed with a levy. This is the outcome of a case the attorneys of bureau Brandeis…

Case law

Court issues judgment in Svensson-case about hyperlinks

Caroline de Vries / 13 Feb 2014

Today, the European Court of Justice (ECJ) rendered its judgment in the long-awaited Svensson-case. In short, this case concerns the question whether the placing of a hyperlink by someone other than the copyright holder constitutes…

Case law

Will downloading become illegal in the Netherlands?

bureau Brandeis / 10 Jan 2014

On January 9, 2014 Advocate General (AG) at the European Court of Justice (ECJ) Cruz Villalón released a much awaited Opinion (Dutch, English not yet available) in a case regarding the Dutch private copying system. Dutch law…

Read all articles

Quote

- Louis Brandeis