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It is also possible to apply for a European Community Trademark registration, which covers all the Member States of the European Union. Trademark attorneys can file such applications in any EU country. On 1 May 2004, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and the Slovak Republic joined the EU. Trademark protection of existing European Community Trademarks has been extended to these countries automatically and without cost. Owners of older national trademark rights in one of the new Member States can file an opposition against an allegedly conflicting European Community Trademark but only if the same was filed between 1 November 2003 and 30 April 2004. Romania and Bulgaria joined the EU on 1 January 2007. Community trademark applications filed between 1 July 2006 and 1 December 2006 can be subject to oppositions based on earlier rights in these new Member States. The Netherlands is also a party to the Madrid Convention and the Madrid Protocol (“the Madrid System”), which enables (i) persons or legal entities with a real and effective industrial or commercial establishment in a country that is a party to the Madrid System or (ii) persons or legal entities with domicile or a registered seat in an EU Member State, to extend a Benelux trademark registration to another Member State and vice versa. In general, the main advantage of an international registration is that it is cheaper than filing individual national applications for registration. The disadvantage of an international trademark registration is that it automatically lapses or is cancelled in all Member States if the national application/registration on which the international registration is based lapses or is cancelled within five years after the international registration. Countries that are party to the Madrid System and/or the Paris Treaty can claim priority rights within six months after the application date of the first registration. With Global IP Manager (“GIPM”), Baker & McKenzie can provide web-based worldwide trademark portfolio management services. GIPM enables our clients to review 94 Baker & McKenzie
Doing Business in the Netherlands 2012 all IP matters being handled by Baker & McKenzie instantly online. Organized by country and legal action, or structured according to brand categories, GIPM replaces the need for in-house attorneys to trace information on the status of pending applications or current contentious matters. 11.6 Designs and Models The provisions of the Benelux Treaty for Intellectual Property protect registered designs and models for functional products, i.e., features of shape, ornaments, or patterns. Applications for registration are filed with the Benelux Office for Intellectual Property, or with the International Bureau for the Protection of Industrial Property in the case of international applications. Novelty and having a “distinctive character” are conditions for protection, but originality of a design is not required. Nevertheless, a design is still considered new if it has been made public for the first time within 12 months before the filing. Pursuant to EC Directive 98/71 of 13 October 1998 (European Directive on the Legal Protection of Designs), the Benelux Designs and Models Act was amended and came into force on 1 December 2003. As a result, the possibilities of taking action against design infringements on the basis of unfair competition (tort) have been broadened. The Benelux Designs and Models Act was merged into the Benelux Treaty for Intellectual Property on 1 September 2006. The term of protection (five years) can be extended four times, to a maximum of 25 years. As a result of EC Council Regulation 6/2002 of 12 December 2001, on Community Designs, a new and separate system has been created for the protection of designs in the European Community. This system also incorporates the Unregistered Community Design right, which provides protection for three years from the day the product incorporating the design is made available to the public in the EU. This design right, granted by law without formalities and free of charge, has been available since 6 March 2002. It only allows the owner to oppose the use of identical designs, whereas the Registered Baker & McKenzie 95
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Editorial Contributions Robert van
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Innovative ways to inform you Doing
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1 The Netherlands Doing Business in
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Steady-Course Policy Doing Business
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2 Legal Forms of Doing Business Doi
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2.3 Branch versus Subsidiary Doing
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4 The Subsidiary 4.1 Incorporation
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17.5 Income Tax Ruling Doing Busine
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18.9 Tax Incentives Doing Business
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19.1.6 Rates Doing Business in the
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19.3 Dividend Withholding Tax Doing
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21 Investment Incentives Doing Busi
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22 Financial Regulations 22.1 Excha
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23.3.3 Product Liability Doing Busi
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24.13 Arbitration Doing Business in
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Tax Corporate & International Tax H
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