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

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surrender of the goods, it is also possible to obtain the presumed agreement to the destruction of the goods, in case the carrier, consignor, or consignee does not oppose a request for surrender. With “BorderWatch” and “BorderResponse,” Baker & McKenzie has introduced global web-enabled tools to (cost) effectively fight counterfeit at the customs level on a global basis. BorderResponse is a pre-litigation enforcement service on a fixed-fee basis, which includes customs recordation of intellectual property rights, preparing cease and desist letters and dealing with initial responses from the adverse parties to reach a settlement. BorderWatch is an online service offering tips on intellectual property protection through customs procedures in 55 countries. BorderWatch features 55 country reports on customs procedures and enforcement options, including information on filing customs notices, acting on a detention or seizure, practical tips and advice, customs registration forms, contact details for customs and local legal assistance. 11.10 Advertising Misleading advertising is primarily addressed under tort law. The Dutch Civil Code declares it a tort to misrepresent the nature, composition, quantity, quality, characteristics, user possibilities, origin, or price of a product. Comparative advertising is permitted under Dutch law provided it gives an objective comparison of one or more material, relevant, verifiable, and representative features or qualities of the products or services being compared. Other trademarks may be used in such comparisons provided that the advertisement does not harm the reputation of the other trademark. In the case of misleading or unlawful advertising, an injunction, a rectification, or compensation for damages can be sought before the Dutch courts based on the relevant provisions of the Dutch Civil Code. 98 Baker & McKenzie
Doing Business in the Netherlands 2012 Furthermore, advertising standards for specific industries are regulated by separate laws and the industry itself. The Dutch Advertising Code (Nederlandse Reclame Code) is an example of such self-regulation and provides that advertising must be in accordance with the law, the facts and good taste, and that it may not be contrary to the public interest, public order, or common decency. Advertising that misleads the public, e.g., in regard to the price or origin of a certain product, is prohibited. Specific regulations apply to advertising directed at children and to the advertising of alcoholic beverages, pharmaceuticals and financial products. The advertisement of tobacco products has been banned in the Netherlands. The Dutch Tobacco Act also restricts the use of tobacco trademarks and distinguishing signs for non-tobacco products. In addition to the option of taking legal action, a complaint can be filed with the Advertising Code Committee and its Board of Appeal. Although the decisions of either group are not legally binding, negative decisions are normally respected by the affiliated media, which will refrain from publishing the advertisement in question. The Advertising Code Committee and its Board of Appeal can render an “individual recommendation” which is communicated only to the plaintiff and the offender in question, or it can render a “public recommendation” which is published in various media. The advertising of pharmaceuticals is regulated by the Pharmaceuticals Act (Geneesmiddelenwet). The advertising of pharmaceuticals is further regulated by self-regulatory codes, such as the Code of Conduct for the Advertising of Pharmaceuticals of the Stichting Code Geneesmiddelenreclame and the Code for the Advertising of Medicinal Products to the General Public of the Stichting Keuringsraad Openlijke Aanprijzing Geneesmiddelen (KOAG). The advertising of pharmaceuticals (including the grant of incentives to health professionals) is strictly regulated. Public advertising of non-prescription pharmaceuticals is allowed under certain conditions, Baker & McKenzie 99
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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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17.5.3 Status of the Employer Doing
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18.1.7 Non-Resident Shareholder Tax
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18.6 Limitations on Deductions of I
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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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22.2.8 Other Regulated Activities D
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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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