Doing Business in the Netherlands 2012 - American Chamber of ...

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
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