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Intellectual Property (IP) Law Expertise Team

Intellectual Property (IP law)

For entrepreneurs who want to protect their brands, designs, texts, software, and know-how — and take action against those who infringe upon them.

Intellectual property (IP law) protects the creations and knowledge that distinguish you: your brand, trade name, designs, photos, texts, software, and trade secrets. Our lawyers and in-house counsel assist international corporations as well as the baker around the corner — from registration and licensing to infringement proceedings. Practical and accessible, yet legally sharp.

Lawyers and in-house intellectual property counsel in one team. Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner. Practical specialist legal assistance for entrepreneurs.
Core themes: copyright, trademarks, designs, trade name and infringement. Practical specialist legal assistance for entrepreneurs.
Specialist intellectual property (IP) advice from €155 per hour excl. VAT. Clarity regarding the process, approach, and next steps.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
We worked for, among others:
  • SME Lawyers Partner
  • SME Lawyers Partner
  • SME Lawyers Partner
  • SME Lawyers Partner

Expertise in Intellectual Property (IP law)

Intellectual property (IP law) protects the creations and knowledge that distinguish you: your brand, trade name, designs, photos, texts, software, and trade secrets. Our lawyers and in-house counsel assist international corporations as well as the baker around the corner — from registration and licensing to infringement proceedings. Practical and accessible, yet legally sharp.

Advertising and commercials

From misleading and comparative advertising to trademark and copyright issues in your campaign: we review communications in advance and act in the event of disputes. For the international corporation and the baker on the corner.

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Copyright

From securing authorship and licensing to taking action against infringement: our lawyers and legal experts protect the creative and commercial value of your work – for the international corporation as well as the baker on the corner.

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Trade secrets

Your trade secrets often represent your most important advantage. Our lawyers and in-house counsel help you protect that knowledge under the Trade Secrets Protection Act and take decisive action in the event of infringement.

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Copyright

With our broad expertise in copyright, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to non-profits and the (semi-)public sector. We offer legal advice at all levels, from the boardroom to individual stakeholders. Our services are characterized by high quality, reliability, and in-depth specialization.

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Trade names

Your trade name is your company's calling card. Our lawyers and in-house counsel protect that name, act against the risk of confusion, and advise on the overlap with trademark and domain name law – for the international group as well as the baker on the corner.

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Plant breeders' rights

From application and DUS examination to licensing and infringement: our mixed teams of lawyers and in-house counsel help breeders, seed companies, and tree and fruit growers get the most out of their plant breeders' rights, from international corporations to the grower around the corner.

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License agreements

With a licensing agreement, you earn from your intellectual property without transferring it. We draft, review, and enforce – from international corporations to the baker on the corner.

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Trademark law

With our broad expertise in trademark law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to the non-profit and (semi-)public sector. We offer legal advice at all levels, from the boardroom to individual stakeholders. Our services are characterized by high quality, reliability, and in-depth specialization.

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Design rights

Design rights protect the appearance of your product: shape, lines, colors, and texture. Our lawyers and legal experts assist you with filing, registration, and taking action against infringement – ​​from international corporations to the entrepreneur around the corner.

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Neighboring rights

Neighbouring rights protect the performances of performing artists, record labels, film producers, and broadcasters. Our mixed teams of lawyers and in-house counsel advise on exploitation, royalties, and enforcement — for the international corporation as well as the baker on the corner who plays music in his shop.

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Non-fungible tokens (NFT)

NFTs touch upon copyright, trademark law, and contract law simultaneously. Our mixed teams of lawyers and legal counsel advise on and litigate NFTs, blockchain, and the metaverse — from international corporations to the baker on the corner.

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Patent law

A patent protects your technical invention for up to twenty years. We guide you through the application process, enforce your patent in the event of infringement, and defend you against claims — from an international corporation to the baker on the corner.

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Patent law

A patent protects your technical invention. MKB Juristen guides you through the application, administration, and enforcement of your patent and assists you in infringement and invalidity disputes. From international corporations to the inventor with a single valuable invention.

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Portrait rights

Is your portrait being used without permission, or do you want to use images of individuals safely? Our lawyers and in-house counsel advise on portrait rights, from quitclaim to litigation.

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slavish imitation

Is your product being blatantly imitated without intellectual property rights? Our lawyers and (corporate) legal experts take action against unnecessarily confusing imitation and uphold your own position in the market.

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What is intellectual property (IP law)?

Intellectual property is the collective term for the rights with which you can protect your creations and knowledge: your brand, trade name, designs, photos, texts, software, databases, inventions, and trade secrets. This is often a company's most valuable asset, yet entrepreneurs are by no means always aware of this. Some rights arise automatically (copyright and trade name rights), while others must first be registered (trademarks, designs, and patents).

Our lawyers and in-house counsel assist both international corporations and local entrepreneurs — from capturing and registering your rights to taking action against infringement. Concrete, practical, and without unnecessary jargon.

Copyright on works

Copyright protects works with a distinctive, original character: texts, photos, designs, music, websites, and software. It arises automatically, without registration, pursuant to Article 1 of the Copyright Act; Article 10 of the Copyright Act lists the works covered by it. In the event of infringement, you can claim, among other things, an injunction, damages, and surrender of profits (Article 27 and Article 27a of the Copyright Act). We advise on who holds the rights (creator, employer, or client) and arrange the transfer or license you require.

Trademark law: registration and protection

A trademark protects the name or logo used to distinguish your products or services. You obtain protection through registration with the Benelux Office for Intellectual Property (BOIP) or, for the entire EU, with the EUIPO. You can take action against the use of a similar sign for similar goods in the event of a likelihood of confusion, pursuant to Article 2.20 of the Benelux Treaty on Intellectual Property (BVIE). We conduct preliminary trademark research, handle the application, oppose newer trademarks, and take action in the event of infringement. If you would like to delve deeper into trademarks, please read our page on trademark law.

Trade name, designs and patents

Your trade name — the name under which you conduct business — is protected as soon as you use it; you can take action against a newer name that causes confusion pursuant to Article 5 of the Trade Name Act. You protect the appearance of a product with a design right, to be registered with BOIP or EUIPO (Article 3.16 BVIE). You can protect a technical invention with a patent, which grants the patent holder the exclusive right to exploit the invention pursuant to Article 53 of the National Patent Act 1995. We determine with you which right applies and arrange for registration and enforcement.

Trade secrets and know-how

Not everything can be registered. You protect recipes, customer data, source code, and commercial know-how as trade secrets under the Trade Secrets Protection Act, provided the information is secret, has commercial value, and you take reasonable measures to keep it secret. We combine this with practical agreements—a sound confidentiality and IP clause—so that your knowledge is also covered contractually.

Infringement: take action or defend yourself

If your rights are infringed, you can seek an injunction, damages or disgorgement of profits, and the destruction of infringing stock, often expedited in summary proceedings. For the imitation of a product that is not itself protected by an intellectual property right, the doctrine of slavish imitation via tort law (Article 6:162 of the Dutch Civil Code) sometimes offers a solution. We send a substantiated cease and desist letter, settle where possible, and litigate where necessary — and defend you just as effectively if you are accused of infringement yourself.

Licenses and transfer of IP rights

IP rights only generate revenue if you exploit them effectively. In a license, you grant another party permission to use your right in exchange for remuneration; in a transfer, you transfer the right yourself. Carefully define the scope, territory, duration, and remuneration — anything not explicitly transferred remains with the creator. We draft your license agreement or review a submitted contract so that you get exactly what you pay for.

IP law for SMEs and corporations

The top end of the market often focuses solely on major brand owners and international portfolios. We do not: our mixed team of lawyers and in-house counsel assists both large corporations and the local baker. Accessible and practical, with the law and articles fully included — so you know where you stand. If your question specifically concerns works and authorship, please visit our copyright.

What we help with

From capturing and registering your rights to taking action against infringement — our lawyers and legal experts support you in every aspect of intellectual property law.

  • Trademark research and registration at BOIP and EUIPO
  • Opposition to younger brands and defense in opposition proceedings
  • Copyright protection of texts, photos, designs, and software
  • Design registration and trade name protection (Article 5 Trade Name Act)
  • Drafting and reviewing license and transfer agreements
  • Notice of infringement, settlement and summary proceedings (Article 2.20 BVIE)
  • Protection of trade secrets and know-how (Trade Secrets Protection Act)
  • Defense when you are accused of infringement yourself
  • Patent-related advice and collaboration with patent attorneys
  • IP clauses in employment, service, and cooperation contracts

When do you engage this team?

Often, there are already issues at play before legal matters arise. The sooner you involve us, the more options you retain and the stronger your rights will be. If you recognize any of these situations, seeking advice is advisable.

You want to register and protect a trademark, logo, or trade name

Discuss your situation

Someone else uses your brand, name, design, photo, or text

Discuss your situation

You receive a cease and desist letter yourself or are accused of infringement

Discuss your situation

You are having work created (photo, website, software) and want to arrange the rights

Discuss your situation

You wish to license or transfer your IP rights

Discuss your situation

A former employee or partner uses your know-how or trade secrets

Discuss your situation

A competitor slavishly imitates your product

Discuss your situation

Assess first, then act

In intellectual property law, your starting position determines the outcome. Before sending a cease and desist letter or initiating summary proceedings, we map out exactly what rights you hold, how strong they are, and whether registration or evidence is still required. Only then do we choose the route—negotiation, settlement, or litigation—that best serves your interests, rather than the first step that comes to mind.

Our approach

From question to solution in four steps.

1

Intake

We discuss your business, your creations, and your goal, and review what rights and evidence exist.

2

Analysis

We assess your position against the Copyright Act, the BVIE, the Trade Name Act, and the National Patent Act, and determine the strength of your rights.

3

Strategy

We choose the route — registration, advice, negotiation, settlement, or litigation — and the involvement of a lawyer or legal expert.

4

Execution

We handle: from trademark registration and contracts to cease and desist letters or summary proceedings in cases of infringement.

Mr. Jaime Boogaers
Mr. Jaime Boogaers Corporate Law · Lawyer

In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.

Intellectual Property (IP) Law Specialists

Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.

Our team of in-house counsel and lawyers are specialists in the field of intellectual property. It is essential for organizations to protect the commercial value of intellectual property rights. Our in-house counsel and lawyers are engaged by a wide variety of clients. As a result, we have extensive practical experience. We can be engaged for advice, litigation representation, or dispute resolution.

Frequently asked questions about intellectual property (IP law)

The questions entrepreneurs ask us most often.

Do I need to register my copyright?

No. Copyright arises automatically as soon as you create a work with a distinctive, original character (Article 1 of the Copyright Act); registration is not required. However, it is advisable to retain proof of the moment of creation, for example via dated versions or an i-DEPOT, so that you can later prove that the work belongs to you.

What is the difference between a trademark and a trade name?

A trade name is the name under which you conduct business; it is protected as soon as you use it (Article 5 of the Trade Name Act). A trademark distinguishes your products or services and only receives protection after registration with BOIP or EUIPO. It is often worthwhile to arrange both, so that both your company name and your product name are covered.

Who owns the rights to work that I have made?

In principle, the creator, not the client. A hired photographer, designer, or developer retains the copyright, unless this has been transferred to you in writing. A license or transfer in the assignment agreement prevents you from paying for work whose rights remain with someone else.

What can I do if my intellectual property rights are infringed?

You can claim, among other things, an injunction, damages or disgorgement of profits, and the destruction of infringing products, often expedited in summary proceedings. It usually begins with a substantiated formal notice. For trademarks, Article 2.20 of the BVIE applies; for copyright, Articles 27 and 27a of the Copyright Act apply.

Do I need a lawyer or a legal expert?

That depends on your situation. For advice, registration, drafting licenses, and negotiations, an in-house counsel is often sufficient. For legal proceedings, such as summary proceedings for infringement, a lawyer is mandatory. We have both in-house and determine together with you what is most suitable.

Is IP law also for small business owners?

Yes. We help both international corporations and the entrepreneur around the corner. Especially for smaller businesses, timely registration of your trademark, trade name, and rights to work prevents major and costly problems later on.

Discuss your situation with an intellectual property (IP) law specialist. Our intellectual property lawyers and legal experts help both major brand owners and small business owners move forward — from corporations to the baker on the corner. Schedule a meeting and know where you stand within a single session.
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Jaime Boogaers

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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