NETHERLANDS LAW AND PRACTICE Contributed by: Friederike Henke, Ingrid Cools, Philip ter Burg, IJsbrand Uljée, Suzan van de Kam and Epke Spijkerman, BUREN
of the packaging of goods, or sounds, provided that such signs are capable of: • distinguishing the goods or services of one business from those of other businesses; and • being represented in the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. Benelux trade marks offer protection in Belgium, the Netherlands and Luxembourg, and may be applied for at the Benelux Office for Intellectual Property (BOIP). European trade marks that pro - vide protection for all EU member states have to be applied for at the EU Intellectual Property Office (EUIPO). Dutch trade marks are initially protected for ten years. Protection may be prolonged for an indefi - nite number of times upon the timely payment of the extension fees. The unlicensed use of registered trade marks is forbidden, and taking “unfair advantage” of the reputation of trade marks also constitutes an infringement. To enjoy the exclusivity rights of trade marks, trade mark owners must put the trade marks to genuine use for the goods or ser - vices for which they have been registered within five years of filing. In the event of trade mark infringements, trade mark owners may claim injunctive relief, rendering of account, damag - es, product recall, and even destruction of the infringing goods. Benelux trade marks are enforceable through the civil courts. Both Dutch district courts and courts of appeal have broad experience in IP issues. The district court of The Hague (the EUTM court in the Netherlands) has a chamber of judges
specialising in IP law, and has exclusive juris - diction for litigation related to EU trade marks. 7.3 Industrial Design As with trade mark protection, the Netherlands has three different systems for the protection of industrial design: • the Benelux Convention on Intellectual Prop - erty (trade marks and designs); • the Benelux Convention on Intellectual Prop - erty (trade marks and designs); • Regulation (EC) No 6/2002 of 12 December 2001 on Community Designs, in December 2024 amended by Regulation (EC) No 6/2002 on Community designs (the “Amending Regu - lation”); and • The Hague System for the International Reg - istration of Industrial Designs. The terms “design” or ”drawing” relate to the appearance of products or parts of products. To claim a design right, the design must be novel and have an individual character. Benelux designs offer protection in Belgium, the Netherlands, and Luxembourg, and may be applied for at the BOIP. European designs that provide protection for all EU member states have to be applied for at the EUIPO. The Hague Sys - tem for the International Registration of Industrial Designs allows for the registration of designs in 82 contracting states by filing one single inter - national application with the WIPO. Design registrations are initially valid for five years from the date of filing and can be renewed in blocks of five years up to a maximum of 25 years. Unregistered designs are protected against cop - ying for a period of three years from the date on
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