Advocatuur (intellectueel eigendom)

The protection of ‘works of literature, science and art’ is regulated by the Copyright Act. As the creator of such a work you have an automatic claim to copyright at the moment of creation. Examples of copyright works include texts (novel, letter, slogan, script, brochure): works of art (paintings, drawings, sculptures etc.), jewellery, photos, works on film, musical works, game concepts, television formats, web sites, computer programs and package layouts. Our experts can provide all necessary advice and assistance on matters relating to copyright. From registration to transfer, licensing or marketing of your copyright. Also for maintaining your rights against third parties in the case of (imminent) infringement. Even after transfer of your copyright, inalienable moral rights can be violated.

Since 1999, databases, as ‘independent works’, have been eligible for protection via copyright or via the database law. A database can only enjoy copyright protection if it has an original structure. If this is not the case, protection by way of database law is possible. Arnold & Siedsma can advise its clients on database law and assist them in related proceedings.

The trade name is the name under which a company trades. This name is protected against the risk of confusion which arises through the use of a similar name for a similar type of business activity. Our lawyers know where the boundaries lie in terms of what is and is not permissible, and can also assist you in searching for a suitable name when a business starts up.

The general rule for domain names is ‘first come first served’. However, it is possible to take action against a third party who has registered a domain name and is frustrating the existing rights of another party with it, such as trade names or trademarks. Our experts can advise and conduct proceedings in domain name cases and can assist you in both national proceedings and arbitration cases concerning domain names (‘WIPO arbitration’).

Due to rapid technical developments, the law relating to the Internet and e-commerce is undergoing constant development. Although these legal fields are regulated in particular on the basis of European legislation, the Internet naturally recognises no borders. This creates additional complexity in the handling of legal cases relating to the use of the Internet, the posting of content on websites, the conducting of international business on the Internet, etc. Our experts have experience in resolving online disputes, through the courts or otherwise.

Our lawyers have experience in handling ‘precise imitation’ cases. Our experts are also conversant with other matters relating to an unlawful act, such as taking recourse to the Unfair Commercial Practices Directive.

Arnold & Siedsma can assist you in drawing up various agreements: secrecy agreement, license agreement, cooperation agreement, co-existence agreement and technology transfer agreement.

The customs authorities can seize imitation goods or goods obtained through piracy at the European Union border in order to give the holder of an intellectual property right the opportunity to take legal action against this. The customs authorities may intervene automatically, but also on request. The latter option in particular is an effective preventive weapon against infringement of intellectual property rights. Arnold & Siedsma will relieve you of the concern of submitting requests to the customs authorities and will ensure that your customs authority requests are extended in a timely manner.