Industrial Designs Law in Netherlands
In the Netherlands, industrial designs are protected under the Benelux Design Law, which applies to the Netherlands, Belgium, and Luxembourg. This system is administered by the Benelux Office for Intellectual Property (BOIP).
🔹 What Is a Design?
A design refers to the appearance of a product or part of a product, resulting from features such as lines, contours, colours, shape, texture, or materials of the product itself or its ornamentation. To qualify for protection, a design must be:
Novel: No identical design has been made available to the public before the filing date.
Have Individual Character: The overall impression it produces on the informed user differs from that produced by any other design made available to the public.
🔹 Registration Process
Check Novelty and Individual Character: Before applying, ensure your design is novel and has individual character. BOIP does not assess these criteria. You can use databases like the Benelux Designs Register to check existing designs.
Prepare Application: Gather the necessary documents, including representations of the design (e.g., drawings or photographs).
File Application: Submit your application online via
Publication: Your design will be published in the official register. You can request a postponement of publication for up to 12 months.
🔹 Duration and Renewal
Initial Protection: 5 years from the filing date.
Renewal: Can be renewed every 5 years.
Maximum Duration: 25 years.
🔹 Enforcement and Legal Recourse
To enforce your design rights, you must take legal action through the courts, as BOIP does not have enforcement authority. Possible actions include:
Injunctions: To stop the infringement.
Damages: Compensation for losses suffered.
Seizure: Confiscation of infringing goods.
🔹 International Protection
For broader protection, consider:
EU Design: Registered through the European Union Intellectual Property Office (EUIPO), offering protection across all EU member states.
International Design: Registered via the World Intellectual Property Organization (WIPO) under the Hague Agreement, allowing protection in multiple countries.
🔹 Additional Considerations
Copyright: In the Netherlands, a design may also qualify for copyright protection if it is an original work. Registered designs are presumed to also hold copyright, simplifying enforcement.
Legal Advice: Consulting with a design attorney can help navigate the registration process and enforcement of rights.
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