NETHERLANDS Law and Practice Contributed by: Radboud Ribbert and Wouter van Wengen, Greenberg Traurig, LLP
times not even by a judge with expertise in intel - lectual property rights. The parties only have an influence on the decision-maker when they decide to engage in arbitration. Another Dutch alternative is the Netherlands Commercial Court, which does have specific expertise in intellectual property rights. However, this court is generally more expensive and must be chosen by mutual agreement. 8.2 Effect of Registration The trade mark registration owner is presumed to hold the rights thereto. However, in case of copyrights, this must be proven by the party asserting such rights. Whether the alleged infringer must be using a mark for the same goods and services as those listed in the regis - tration is contingent on the claim for infringement as explained in more detail in 7.2 Legal Claims for Infringement Lawsuits and Their Standards . 8.3 Costs of Litigating Infringement Actions The typical cost of bringing a trade mark or cop - yright infringement action to conclusion in first instance are EUR40,000-50,000. Factors such as extensive negotiations with the counterparty, the size of the infringement, the legal complex - ity of the case, and the amount of evidence can impact the expected costs. 9. Defences and Exceptions to Infringement 9.1 Defences to Trade Mark Infringement As defences against trade mark infringement, defendants can claim: • that they are using their own name and/or address in the allegedly infringing mark in trade;
• that the signs or indications are not distinc - tive or concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of render - ing of the service, or other characteristics of the goods or services; • that the trade mark is used for the purpose of identifying or referring to goods or services as those of the proprietor of that trade mark, in particular, where the use of that trade mark is necessary to indicate the intended purpose of a product or service, in particular as accesso - ries or spare parts; • that the use is in relation to goods that have been put on the market in the European Economic Area under that trade mark by the proprietor or with his or her consent; or • that the mark they are using applies to an ear - lier trade name right, which overrides the later registered trade mark. 9.2 Defences to Copyright Infringement (Fair Use/Fair Dealing) Limitations of Copyright Protection The limitations of copyright protection are set out below. Duration of copyright protection Copyright protection is time-limited. In the Neth - erlands, as in many other jurisdictions, the dura - tion of copyright protection is finite. Typically, it lasts for the lifetime of the author plus a certain number of years (70 years in the EU). Limited fair use and exceptions The Netherlands has limited limitations and exceptions to copyright known as “fair use” or “fair dealing”. These exceptions allow for the use of copyrighted material for purposes such as criticism, review, use by handicapped peo - ple, use in artworks, news reporting, education, research, and parody. When analysing the use of
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