An intellectual property dispute in the Netherlands is won or lost on two preliminary questions: what right do you actually hold, and can you prove when it arose?
Trade marks and designs are registered rights, and the register answers both questions at once. Copyright is not registered: it arises automatically when a work is created that has its own original character and bears the personal stamp of its maker. The holder must therefore be able to prove authorship and date from their own records. Patents are registered; a European patent is examined, while a Dutch national patent is granted without substantive examination. Trade secrets are protected under the Trade Secrets Protection Act (Wet bescherming bedrijfsgeheimen) only as long as the information is actually kept secret and reasonable steps have been taken to keep it so. Without those steps, there is no right to enforce.
Once the right is established, Dutch procedure offers unusually effective remedies. Summary proceedings (kort geding) can produce an injunction within weeks, backed by a penalty payment. Evidentiary seizure allows infringing goods and evidence of infringement to be secured before the other side can remove them. And a successful party in an intellectual property case can recover its full and reasonable legal costs under Article 1019h of the Dutch Code of Civil Procedure (Rv), instead of the modest fixed amounts that apply in ordinary civil cases. That cuts both ways: an ill-considered claim becomes expensive.
Below we explain how each type of right is established, what triggers most disputes, the steps from cease-and-desist letter to judgment, and when a settlement is the better commercial outcome.
In short: which IP rights exist and how are they protected?
The table gives the main rights, how they arise and how long they last.
| Right | How it arises | Duration |
|---|---|---|
| Trade mark | Registration with the Benelux Office for Intellectual Property (BOIP) or the EU Intellectual Property Office (EUIPO) | 10 years, renewable indefinitely |
| Design | Registration (Benelux or EU); an unregistered EU design also exists | Registered: up to 25 years; unregistered EU design: 3 years |
| Copyright | Automatically, on creation of an original work | Until 70 years after the death of the author |
| Patent | Grant by the Netherlands Patent Office or the European Patent Office | Up to 20 years, subject to annual fees |
| Trade secret | Secret information with commercial value, protected by reasonable measures | As long as it stays secret |
How is each IP right established in the Netherlands?
Registered rights start with the filing date in the register; unregistered rights depend on evidence you keep yourself. In a dispute, the first task is always to establish exactly which right you hold and from when.
Trade marks
A trade mark protects a sign that distinguishes your goods or services, such as a name or logo. In the Netherlands, protection comes from registration: a Benelux trade mark through BOIP, or an EU trade mark through EUIPO, which covers all member states. The rules for Benelux marks are in the Benelux Convention on Intellectual Property (BCIP). Using a name without registering it gives little protection as a trade mark, although a trade name (handelsnaam) is protected by use under the Trade Name Act (Handelsnaamwet).
Designs
A design protects the appearance of a product, such as its shape, lines or colours. You can register a Benelux design or an EU design; since 1 May 2025, the former Community design is called the EU design under Regulation (EU) 2024/2822. An unregistered EU design gives three years of protection against copying from the moment the design is first made available in the EU.
Copyright
Copyright arises automatically under the Dutch Copyright Act (Auteurswet) when a work has its own original character and bears the personal stamp of its maker. It covers texts, images, music, software, websites and designs, among other things. Because there is no register, the proof of authorship and date lies with you: keep drafts, source files and metadata. Works made by an employee in the course of their duties belong to the employer (Article 7 of the Copyright Act); works made by a freelancer stay with the freelancer unless the rights are transferred by a written deed.
Patents
A patent protects a technical invention that is new, inventive and industrially applicable. A Dutch patent under the Patents Act 1995 (Rijksoctrooiwet 1995) is granted without substantive examination, after a mandatory search into the state of the art. Its validity can therefore be challenged more easily. A European patent is examined by the European Patent Office. Since 1 June 2023, a European patent with unitary effect can also be obtained, and disputes can be brought before the Unified Patent Court, which has a local division in The Hague.
Trade secrets
Under the Trade Secrets Protection Act, information is protected if it is secret, has commercial value because it is secret, and has been subject to reasonable measures to keep it secret. Those measures include confidentiality clauses, access restrictions and clear labelling. Without them, you cannot act against a former employee or business partner who uses the information.
What triggers most IP disputes?
Most disputes start with a similar brand name, copied content or a product that looks too much like the original. Others arise between former partners: an employee who leaves, a freelancer who claims their work, or a licensee who goes beyond the licence.
Types of conflict
Trade mark disputes usually turn on whether a sign is identical or similar to an earlier mark, for identical or similar goods or services, and whether there is a likelihood of confusion among the public. A mark with a reputation receives wider protection, also against use that takes unfair advantage of that reputation.
Copyright disputes concern the reproduction, publication or adaptation of a work without permission, for example photographs used on a website, software code reused by a former developer, or texts copied by a competitor.
Patent disputes are technical: the question is whether a product or process falls within the scope of the patent claims, and often also whether the patent is valid at all. Such cases usually require expert evidence.
Common triggers today
- Online reproduction: images, texts and videos that are copied and shared without permission.
- Licensing and technology transfer: disagreement about what a licence covers, royalties or ownership of improvements.
- Departing employees and freelancers: disputes about who owns the code, designs or client files.
- Cross-border sales: goods that infringe a right in one country but not in another, or counterfeit goods arriving through a Dutch port.
What are the steps from first letter to judgment?
Usually: secure evidence, send a cease-and-desist letter, and if necessary start summary or main proceedings. Speed matters, because waiting too long can weaken an urgent claim in summary proceedings.
Step 1: assess and document your position
Establish which right you hold, who owns it and from when, and collect evidence of the infringement. Useful documents include:
- registration certificates for trade marks, designs and patents;
- dated evidence of creation, such as drafts, source files and emails;
- specific examples of the infringement, with dates, URLs and purchase receipts;
- contracts with employees, freelancers and licensees.
Also check whether the other party might have a right of its own, such as an earlier trade mark, or a defence, such as a licence.
Step 2: secure evidence
If there is a risk that evidence will disappear, you can ask the court for leave to seize evidence (bewijsbeslag) under Articles 1019b to 1019d Rv. A bailiff then makes a description of the infringing goods or documents, or takes samples, often without warning the other side. In addition, under Article 843a Rv you can claim access to specific documents held by the other party.
Step 3: send a cease-and-desist letter
A cease-and-desist letter demands that the other party stop the infringement, usually within a short period, and often asks for a signed undertaking with a penalty for each breach. A clear and well-founded letter resolves many disputes. A letter that overstates your rights can backfire, for example if the other party responds with a claim for invalidity.
Step 4: summary proceedings
In urgent cases, the court can order the infringer to stop in summary proceedings, often within a few weeks, with a penalty payment for each breach. If such a measure is granted before main proceedings, the court sets a period within which the main proceedings must be started (Article 1019i Rv); otherwise the measure lapses at the request of the other party.
Step 5: main proceedings
In main proceedings, the court rules definitively on infringement and validity. Some cases go to specialised courts: patent cases and cases about EU trade marks and designs are handled in the Netherlands by the District Court of The Hague. Main proceedings take longer, usually more than a year at first instance, but give a final judgment.
What remedies can the court award?
- an injunction against further infringement, with a penalty payment;
- damages, or surrender of the profit made by the infringer;
- recall and destruction of infringing goods;
- disclosure of information on the origin and distribution of the goods;
- reimbursement of the full and reasonable legal costs of the successful party (Article 1019h Rv), within the indicative rates courts apply for IP cases.
For counterfeit goods crossing the border, customs can detain goods on the basis of an application for action under Regulation (EU) No 608/2013.
When is a settlement the better outcome?
Often, especially when both parties want to keep doing business or when the costs of litigation are out of proportion to the interest at stake. Because of the full cost order under Article 1019h Rv, the risk of losing weighs heavily on both sides.
Common settlements are:
- a coexistence agreement, in which both parties agree how they will use similar trade marks without confusion;
- a licence, in which the infringer pays a fee to continue using the right;
- a phase-out period, in which existing stock may be sold before the use stops;
- a signed undertaking to stop, with a penalty for each breach.
Mediation can help when there is an ongoing business relationship, for example between licensor and licensee. It is confidential and usually faster and cheaper than court proceedings. For international disputes, the WIPO Arbitration and Mediation Center offers specialised procedures.
How do you prevent IP disputes?
By knowing what you own, registering what can be registered, and arranging ownership and confidentiality in writing. Most disputes we see could have been prevented with a clear contract.
Map and register your IP
Make an inventory of your trade marks, designs, software, content and know-how. Register important trade marks and designs before you launch a product, and carry out a clearance search to check that no earlier rights stand in the way. Monitor the registers for new applications that resemble your marks; you can file an opposition with BOIP or EUIPO within a limited period after publication.
Arrange ownership in contracts
- Include an IP clause in employment contracts, confirming that rights in work created during employment belong to the employer.
- Have freelancers and agencies transfer their copyright by written deed, or agree on a clear licence.
- Agree in licence agreements on the territory, the duration, the fee and the ownership of improvements.
Protect confidential information
- Use confidentiality clauses in employment contracts and non-disclosure agreements with business partners.
- Restrict access to sensitive information and keep a record of who has access.
- Label confidential documents and remind departing employees of their obligations.
Legal support
An IP lawyer helps you choose which rights to register, draft contracts on ownership and licences, and act quickly when an infringement occurs. For international businesses, it is useful to have one point of contact who coordinates protection in the Benelux and the EU. Our practice covers intellectual property and commercial contracts; for disputes about land and buildings, see our page on property law.
In summary
- Start by establishing which right you hold and from when: registered rights follow from the register, copyright and trade secrets from your own evidence.
- Trade secrets are only protected if you take reasonable measures to keep them secret.
- Dutch procedure offers fast remedies: evidentiary seizure, summary proceedings and injunctions with penalty payments.
- The losing party usually pays the full and reasonable legal costs (Article 1019h Rv), so weigh your case carefully before you start.
- Prevent disputes with registrations, IP clauses in contracts and confidentiality measures.
Frequently asked questions
Which types of intellectual property protection exist in the Netherlands?
Trade marks and designs (registered in the Benelux or the EU), copyright (automatic, without registration), patents (Dutch, European or unitary) and trade secrets (protected as long as they are kept secret with reasonable measures). Trade names are protected by use.
How do I resolve an intellectual property dispute in the Netherlands?
Establish your right and secure the evidence, then send a cease-and-desist letter. If the infringement continues, you can start summary proceedings for a quick injunction or main proceedings for a final ruling. Negotiation, a licence or mediation is often the better commercial outcome.
What triggers intellectual property disputes?
Similar brand names, copied online content, products that imitate a design, disagreements about licences, and departing employees or freelancers who take code, designs or client information with them.
Who pays the legal costs in an IP case?
In Dutch IP cases, the losing party usually pays the full and reasonable legal costs of the winning party under Article 1019h of the Code of Civil Procedure, within indicative rates. That makes a well-founded claim attractive and an ill-considered claim expensive.
How can we help?
At Law & More, we advise Dutch and international businesses on protecting their intellectual property, drafting licences and IP clauses, and handling infringement disputes, from the first letter to court proceedings. You can contact our lawyers directly.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
