NETHERLANDS Law and Practice Contributed by: Radboud Ribbert and Wouter van Wengen, Greenberg Traurig, LLP
1. Trade Mark and Copyright Law 1.1 Governing Law In listing the laws that govern trade mark and copyright in the Dutch jurisdiction, a distinction must be made between Dutch laws and Benelux and EU regulations and directives. The laws that govern trade marks and copyrights in the Netherlands are the following: • Nationally, the “Copyright Act” ( Auteurswet ) is the largest statutory regime. This act is nationally applicable and protects creators of literary, scientific, or artistic works against copyright infringement. • Second, there is the “Trade Name Act” ( Han- delsnaamwet ), which protects companies against other persons using their company name. The Benelux Convention on Intellectual Prop - erty (BCIP) is applicable in the Netherlands for the prosecution and protection of Benelux trade marks. Under EU law, the Netherlands is also subject to the following regulations and directives: • Directive (EU) 2019/790 (“DSM Directive”) on copyright and related rights in the Digital Single Market; • Directive (EU) (“Rental and Lending Directive”) on renting and lending rights and on certain rights related to copyright in the field of intel - lectual property; • Directive (EU) 2001/29 (“Infosoc Directive”) on the harmonisation of certain aspects of copyright and related rights in the information society;
• Directive (EU) (“Resale Directive”) on the resale right for the benefit of the author of an original work of art; • Directive (EU) 2001/84 (“Satellite and Cable Directive”) on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission; • Directive (EU) 2004/48 (IPRED) on the enforcement of intellectual property rights; • Directive (EU) 2006/116 (“Term Directive”) on the term of protection of copyright and certain related rights amending the previous 2006 Directive; • Directive (EU) 2012/28 (“Orphan Works Direc - tive”) on certain permitted uses of orphan works; • Directive (EU) 2019/789 (“Satellite and Cable II”) on the exercise of copyright and related rights applicable to certain online transmis - sions of broadcasting organisations and retransmissions of television and radio pro - grammes; • Digital Services Act Regulation (EU) 2022/2065 (“DSA”), which has bearing on the protection of copyrights and trade mark rights in the digital space; and • Regulation (EU) 2017/1001 (“Trade Mark Regulation”) on the European Union trade mark. The Infosoc Directive and DSM Directive are implemented in the Dutch Copyright Act. In addition, the BCIP and Trade Mark Regulation contain almost identical provisions concerning the issues discussed in this chapter. 1.2 Conventions and Treaties/Rights of Foreign IP Holders The Netherlands is also party to:
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