10.1 National and international IP offices

10.2 Additional information

10.3 Interesting publications from the WIPO

10.4 IP databases

10.5 The patent classification schemes

12.1 Parts of the Benelux Convention on Intellectual Property (trademarks)

These are some of the most relevant parts of the Benelux Convention on Intellectual Property (BCIP).

• Article 2.1. Signs that may constitute a trademark

  A trademark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:

  1. distinguishing the goods or services of one undertaking from those of other undertakings; and

  2. being represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.

• Article 2.2bis Absolute grounds for refusal or invalidity

  1. The following shall not be registered or, if registered, shall be liable to be declared invalid:

     1. signs which cannot constitute a trademark;

     2. trademarks which are devoid of any distinctive character;

     3. trademarks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services;

     4. trademarks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;

     5. signs which consist exclusively of:

        1. the shape, or another characteristic, which results from the nature of the goods themselves;

        2. the shape, or another characteristic, of goods which is necessary to obtain a technical result;

        3. the shape, or another characteristic, which gives substantial value to the goods;

     6. trademarks which are contrary to public policy or to accepted principles of morality;

     7. trademarks which are of such a nature as to deceive the public, for instance, as to the nature, quality or geographical origin of the goods or service;

     8. trademarks which have not been authorised by the competent authorities and are to be refused or invalidated pursuant to Article 6ter of the Paris Convention;

     9. trademarks which are excluded from registration pursuant to Union legislation or the internal law of one of the Benelux countries, or to international agreements to which the European Union is party or which have effect in a Benelux country, providing for protection of designations of origin and geographical indications;

     10. trademarks which are excluded from registration pursuant to Union legislation or international agreements to which the European Union is party, providing for protection of traditional terms for wine;

     11. trademarks which are excluded from registration pursuant to Union legislation or international agreements to which the European Union is party, providing for protection of traditional specialities guaranteed;

     12. trademarks which consist of, or reproduce in their essential elements, an earlier plant variety denomination registered in accordance with Union legislation or the internal law of one of the Benelux countries, or international agreements to which the European Union is party or which have effect in a Benelux country, providing protection for plant variety rights, and which are in respect of plant varieties of the same or closely related species.

  2. A trademark shall be liable to be declared invalid where the application for registration of the trademark was made in bad faith by the applicant.

  3. A trademark shall not be refused registration in accordance with paragraph 1 (b), (c) or (d) if, before the date of application for registration, following the use which has been made of it, it has acquired a distinctive character. A trademark shall not be declared invalid for the same reasons if, before the date of application for a declaration of invalidity, following the use which has been made of it, it has acquired a distinctive character.

• Article 2.20 Rights conferred by a trademark

  1. The registration of a trademark referred to in Article 2.2 shall confer on the proprietor exclusive rights therein.

  2. Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the registered trademark, and without prejudice to the possible application of ordinary law in matters of civil liability, the proprietor of that registered trademark shall be entitled to prevent all third parties not having his consent from using any sign where such sign:

     1. is identical with the trademark and is used in the course of trade in relation to goods or services which are identical with those for which the trademark is registered;

     2. is identical with, or similar to, the trademark and is used in the course of trade in relation to goods or services which are identical with, or similar to, the goods or services for which the trademark is registered, if there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trademark;

     3. is identical with, or similar to, the trademark irrespective of whether it is used in relation to goods or services which are identical with, similar to, or not similar to, those for which the trademark is registered, where the latter has a reputation in the Benelux territory and where use in the course of trade of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trademark;

     4. is used for purposes other than those of distinguishing goods or services, where use of the sign without due cause, would take unfair advantage of or be detrimental to the distinctive character or the repute of the trademark.

  3. The following, in particular, may be prohibited under paragraph 2 (a) to (c):

     1. affixing the sign to the goods or to the packaging thereof;

     2. offering the goods or putting them on the market, or stocking them for those purposes, under the sign, or offeringor supplying services thereunder;

     3. importing or exporting the goods under the sign;

     4. using the sign as a trade or company name or part of a trade or company name;

     5. using the sign on business papers and in advertising;

     6. using the sign in comparative advertising in a manner that is contrary to Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.

  4. Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the registered trademark, the proprietor of that registered trademark shall also be entitled to prevent all third parties from bringing goods, in the course of trade, into the Benelux territory, without being released for free circulation there, where such goods, including the packaging thereof, come from third countries and bear without authorisation a trademark which is identical with the trademark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trademark. The entitlement of the trademark proprietor pursuant to the first subparagraph shall lapse if, during the proceedings to determine whether the registered trademark has been infringed, initiated in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003, evidence is provided by the declarant or the holder of the goods that the proprietor of the registered trademark is not entitled to prohibit the placing of the goods on the market in the country of final destination.

  5. Where the risk exists that the packaging, labels, tags, security or authenticity features or devices, or any other means to which the trademark is affixed, could be used in relation to goods or services and that use would constitute an infringement of the rights of the proprietor of a trademark under paragraph 2 and 3, the proprietor of that trademark shall have the right to prohibit the following acts if carried out in the course of trade:

     1. affixing a sign identical with, or similar to, the trademark on packaging, labels, tags, security or authenticity features or devices, or any other means to which the mark may be affixed;

     2. offering or placing on the market, or stocking for those purposes, or importing or exporting, packaging, labels, tags, security or authenticity features or devices, or any other means to which the mark is affixed.

  6. The exclusive right to a trademark expressed in one of the national or regional languages of the Benelux territory extends automatically to its translation into another of those languages. Evaluation of the similarity arising from translations into one or more languages foreign to the aforesaid territory shall be a matter for the courts.

• Article 2.23 Limitation of the effects of the exclusive right

  1. A trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:

     1. the name or address of the third party, where that third party is a natural person;

     2. signs or indications which are not distinctive or which concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services;

     3. the trademark for the purpose of identifying or referring to goods or services as those of the proprietor of that trademark, in particular, where the use of the trademark is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts; provided that such use is made in accordance with honest practices in industrial or commercial matters.

  2. A trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality, if that right is recognised by the law of one of the Benelux countries and the use of that right is within the limits of the territory in which it is recognised.

  3. A trademark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the European Economic Area under that trademark by the proprietor or with the proprietor’s consent, unless there exist legitimate reasons for the proprietor to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.

• Article 2.23bis Genuine use of the trademark

  1. If, within a period of five years following the date of the completion of the registration procedure, the proprietor has not put the trademark to genuine use in the Benelux territory in connection with the goods or services in respect of which it is registered, or if such use has been suspended during a continuous five-year period, the trademark shall be subject to the limits and sanctions provided for in Article 2.16bis (1) and (2) 2.23ter, 2.27 (2) and 2.30quinquies (3) and (4), unless there are proper reasons for non-use.

  2. In the case referred to in Article 2.8 (2), the five-year period referred to in paragraph 1 shall be calculated from the date when the mark can no longer be subject of a refusal on absolute grounds or an opposition or, in the event that a refusal has been issued or an opposition has been lodged, from the date when a decision decision lifting the Office’s objections on absolute grounds or terminating the opposition proceedings became final or the opposition was withdrawn.

  3. With regard to international trademarks having effect in the Benelux territory, the five-year period referred to in paragraph 1 shall be calculated from the date when the mark can no longer be subject to refusal or opposition. Where an opposition has been lodged or when a refusal on absolute grounds has been notified, the period shall be calculated from the date when a decision terminating the opposition proceedings or a ruling on absolute grounds for refusal became final or the opposition was withdrawn.

  4. The date of commencement of the five-year period, as referred to in paragraphs 1 and 2, shall be entered in the register.

  5. The following shall also constitute use within the meaning of paragraph 1:

     1. use of the trademark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trademark in the form as used is also registered in the name of the proprietor;

     2. affixing of the trademark to goods or to the packaging thereof in the Benelux territory solely for export purposes.

     6. Use of the trademark with the consent of the proprietor shall be deemed to constitute use by the proprietor.

12.2 Parts of the Regulation on the European Union trade mark

These are some of the most relevant parts of the Regulation (EU) 2017/1001 of the European parliament and of the council of 14 June 2017 on the European Union trade mark (EUTMR).

• Article 4. Signs of which an EU trade mark may consist

  An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:

  1. distinguishing the goods or services of one undertaking from those of other undertakings; and

  2. being represented on the Register of European Union trade marks (‘the Register’), in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.

• Article 7. Absolute grounds for refusal

  1. The following shall not be registered:

     1. signs which do not conform to the requirements of Article 4;

     2. trade marks which are devoid of any distinctive character;

     3. trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service;

     4. trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;

     5. signs which consist exclusively of:

        1. the shape, or another characteristic, which results from the nature of the goods themselves;

        2. the shape, or another characteristic, of goods which is necessary to obtain a technical result;

        3. the shape, or another characteristic, which gives substantial value to the goods;

     6. trade marks which are contrary to public policy or to accepted principles of morality;

     7. trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service;

     8. trade marks which have not been authorised by the competent authorities and are to be refused pursuant to Article 6ter of the Paris Convention for the Protection of Industrial Property (‘Paris Convention’);

     9. trade marks which include badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention and which are of particular public interest, unless the consent of the competent authority to their registration has been given;

     10. trade marks which are excluded from registration, pursuant to Union legislation or national law or to international agreements to which the Union or the Member State concerned is party, providing for protection of designations of origin and geographical indications;

     11. trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional terms for wine;

     12. trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional specialities guaranteed;

     13. trade marks which consist of, or reproduce in their essential elements, an earlier plant variety denomination registered in accordance with Union legislation or national law, or international agreements to which the Union or the Member State concerned is a party, providing for protection of plant variety rights, and which are in respect of plant varieties of the same or closely related species.

  2. Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain in only part of the Union.

  3. Paragraph 1(b), (c) and (d) shall not apply if the trade mark has become distinctive in relation to the goods or services for which registration is requested as a consequence of the use which has been made of it.

• Article 9. Rights conferred by an EU trade mark

  1. The registration of an EU trade mark shall confer on the proprietor exclusive rights therein.

  2. Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the EU trade mark, the proprietor of that EU trade mark shall be entitled to prevent all third parties not having his consent from using in the course of trade, in relation to goods or services, any sign where:

     1. the sign is identical with the EU trade mark and is used in relation to goods or services which are identical with those for which the EU trade mark is registered;

     2. the sign is identical with, or similar to, the EU trade mark and is used in relation to goods or services which are identical with, or similar to, the goods or services for which the EU trade mark is registered, if there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trade mark;

     3. the sign is identical with, or similar to, the EU trade mark irrespective of whether it is used in relation to goods or services which are identical with, similar to or not similar to those for which the EU trade mark is registered, where the latter has a reputation in the Union and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the EU trade mark.

  3. The following, in particular, may be prohibited under paragraph 2:

     1. affixing the sign to the goods or to the packaging of those goods;

     2. offering the goods, putting them on the market, or stocking them for those purposes under the sign, or offering or supplying services thereunder;

     3. importing or exporting the goods under the sign;

     4. using the sign as a trade or company name or part of a trade or company name;

     5. using the sign on business papers and in advertising;

     6. using the sign in comparative advertising in a manner that is contrary to Directive 2006/114/EC.

  4. Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the EU trade mark, the proprietor of that EU trade mark shall also be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorisation a trade mark which is identical with the EU trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark.

     The entitlement of the proprietor of an EU trade mark pursuant to the first subparagraph shall lapse if, during the proceedings to determine whether the EU trade mark has been infringed, initiated in accordance with Regulation (EU) No 608/2013, evidence is provided by the declarant or the holder of the goods that the proprietor of the EU trade mark is not entitled to prohibit the placing of the goods on the market in the country of final destination.

• Article 14. Limitation of the effects of an EU trade mark

  1. An EU trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:

     1. the name or address of the third party, where that third party is a natural person;

     2. signs or indications which are not distinctive or which concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of the goods or services;

     3. the EU trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of that trade mark, in particular, where the use of that trade mark is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts.

  2. Paragraph 1 shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters.

• Article 15. Exhaustion of the rights conferred by an EU trade mark

  1. An EU trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the European Economic Area under that trade mark by the proprietor or with his consent.

  2. Paragraph 1 shall not apply where there exist legitimate reasons for the proprietor to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.

• Article 18. Use of an EU trade mark

  1. If, within a period of five years following registration, the proprietor has not put the EU trade mark to genuine use in the Union in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the EU trade mark shall be subject to the sanctions provided for in this Regulation, unless there are proper reasons for non-use.

     The following shall also constitute use within the meaning of the first subparagraph:

     1. use of the EU trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trade mark in the form as used is also registered in the name of the proprietor;

     2. affixing of the EU trade mark to goods or to the packaging thereof in the Union solely for export purposes.

  2. Use of the EU trade mark with the consent of the proprietor shall be deemed to constitute use by the proprietor.

12.3 Parts of the Dutch patent law, Rijksoctrooiwet 1995 (in Dutch)

These are some of the most relevant parts of Dutch patent law (ROW).

• Artikel 53
  1. Een octrooi geeft de octrooihouder, behoudens de bepalingen van de artikelen 53a tot en met 60, het uitsluitend recht:
     1. het geoctrooieerde voortbrengsel in of voor zijn bedrijf te vervaardigen, te gebruiken, in het verkeer te brengen of verder te verkopen, te verhuren, af te leveren of anderszins te verhandelen, dan wel voor een of ander aan te bieden, in te voeren of in voorraad te hebben;
     2. de geoctrooieerde werkwijze in of voor zijn bedrijf toe te passen of het voortbrengsel, dat rechtstreeks verkregen is door toepassing van die werkwijze, in of voor zijn bedrijf te gebruiken, in het verkeer te brengen of verder te verkopen, te verhuren, af te leveren of anderszins te verhandelen, dan wel voor een of ander aan te bieden, in te voeren of in voorraad te hebben.
  2. Het uitsluitend recht wordt bepaald door de conclusies van het octrooischrift, waarbij de beschrijving en de tekeningen dienen tot uitleg van die conclusies.
  3. Het uitsluitend recht strekt zich niet uit over handelingen, uitsluitend dienende tot onderzoek van het geoctrooieerde, daaronder begrepen het door toepassing van de geoctrooieerde werkwijze rechtstreeks verkregen voortbrengsel. Het uitsluitend recht strekt zich evenmin uit tot de bereiding voor direct gebruik ten behoeve van individuele gevallen op medisch voorschrift van geneesmiddelen in apotheken, noch tot handelingen betreffende de aldus bereide geneesmiddelen.
  4. Het uitvoeren van de noodzakelijke studies, tests en proeven met het oog op de toepassing van artikel 10, eerste tot en met vierde lid, van Richtlijn 2001/83/EG tot vaststelling van een communautair wetboek betreffende geneesmiddelen voor menselijk gebruik (PbEG L 311) of artikel 13, eerste tot en met het vijfde lid van Richtlijn 2001/82/EG tot vaststelling van een communautair wetboek betreffende geneesmiddelen voor diergeneeskundig gebruik (PbEG L 311) en de daaruit voortvloeiende praktische vereisten worden niet beschouwd als een inbreuk op octrooien met betrekking tot geneesmiddelen voor menselijk gebruik, respectievelijk geneesmiddelen voor diergeneeskundig gebruik.
  5. Is een voortbrengsel als in het eerste lid, onder a of b, bedoeld, in Nederland, Curaçao of Sint Maarten rechtmatig in het verkeer gebracht, dan wel door de octrooihouder of met diens toestemming in één der Lid-Staten van de Europese Gemeenschap of in een andere staat die partij is bij de Overeenkomst betreffende de Europese Economische Ruimte in het verkeer gebracht, dan handelt de verkrijger of latere houder niet in strijd met het octrooi, door dit voortbrengsel in of voor zijn bedrijf te gebruiken, te verkopen, te verhuren, af te leveren of anderszins te verhandelen, dan wel voor een of ander aan te bieden, in te voeren of in voorraad te hebben.
  6. Een voortbrengsel als in het eerste lid, onder a of b, bedoeld, dat voor de verlening van het octrooi, of, indien het een Europees octrooi betreft, voor de dag, waarop overeenkomstig artikel 97, derde lid, van het Europees Octrooiverdrag de vermelding van de verlening van het Europees octrooi is gepubliceerd, in een bedrijf is vervaardigd, mag niettegenstaande het octrooi ten dienste van dat bedrijf worden gebruikt.

12.4 Parts of the European Patent Convention

These are some of the most relevant parts of patent law in the European Patent Convention (EPC).

• Article 52. Patentable inventions

  1. European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.
  2. The following in particular shall not be regarded as inventions within the meaning of paragraph 1:
     1. discoveries, scientific theories and mathematical methods;
     2. aesthetic creations;
     3. schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
     4. presentations of information.
  3. Paragraph 2 shall exclude the patentability of the subject-matter or activities referred to therein only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.

• Article 54. Novelty

  1. An invention shall be considered to be new if it does not form part of the state of the art.
  2. The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application.
  3. Additionally, the content of European patent applications as filed, the dates of filing of which are prior to the date referred to in paragraph 2 and which were published on or after that date, shall be considered as comprised in the state of the art.
  4. Paragraphs 2 and 3 shall not exclude the patentability of any substance or composition, comprised in the state of the art, for use in a method referred to in Article 53(c), provided that its use for any such method is not comprised in the state of the art.
  5. Paragraphs 2 and 3 shall also not exclude the patentability of any substance or composition referred to in paragraph 4 for any specific use in a method referred to in Article 53(c), provided that such use is not comprised in the state of the art.

• Article 56. Inventive step

  An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. If the state of the art also includes documents within the meaning of Article 54, paragraph 3, these documents shall not be considered in deciding whether there has been an inventive step.

• Article 83. Disclosure of the invention

  The European patent application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.

• Article 84. Claims

  The claims shall define the matter for which protection is sought. They shall be clear and concise and be supported by the description.

• Article 87. Priority right

  1. Any person who has duly filed, in or for
     1. any State party to the Paris Convention for the Protection of Industrial Property or
     2. any Member of the World Trade Organization,
     an application for a patent, a utility model or a utility certificate, or his successor in title, shall enjoy, for the purpose of filing a European patent application in respect of the same invention, a right of priority during a period of twelve months from the date of filing of the first application.
  2. Every filing that is equivalent to a regular national filing under the national law of the State where it was made or under bilateral or multilateral agreements, including this Convention, shall be recognised as giving rise to a right of priority.
  3. A regular national filing shall mean any filing that is sufficient to establish the date on which the application was filed, whatever the outcome of the application may be.
  4. A subsequent application in respect of the same subject-matter as a previous first application and filed in or for the same State shall be considered as the first application for the purposes of determining priority, provided that, at the date of filing the subsequent application, the previous application has been withdrawn, abandoned or refused, without being open to public inspection and without leaving any rights outstanding, and has not served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority.
  5. If the first filing has been made with an industrial property authority which is not subject to the Paris Convention for the Protection of Industrial Property or the Agreement Establishing the World Trade Organization, paragraphs 1 to 4 shall apply if that authority, according to a communication issued by the President of the European Patent Office, recognises that a first filing made with the European Patent Office gives rise to a right of priority under conditions and with effects equivalent to those laid down in the Paris Convention.

• Article 88. Claiming priority

  1. An applicant desiring to take advantage of the priority of a previous application shall file a declaration of priority and any other document required, in accordance with the Implementing Regulations.
  2. Multiple priorities may be claimed in respect of a European patent application, notwithstanding the fact that they originated in different countries. Where appropriate, multiple priorities may be claimed for any one claim. Where multiple priorities are claimed, time limits which run from the date of priority shall run from the earliest date of priority.
  3. If one or more priorities are claimed in respect of a European patent application, the right of priority shall cover only those elements of the European patent application which are included in the application or applications whose priority is claimed.
  4. If certain elements of the invention for which priority is claimed do not appear among the claims formulated in the previous application, priority may nonetheless be granted, provided that the documents of the previous application as a whole specifically disclose such elements.

• Article 89. Effect of priority right

  The right of priority shall have the effect that the date of priority shall count as the date of filing of the European patent application for the purposes of Article 54, paragraphs 2 and 3, and Article 60, paragraph 2.

12.5 Parts of the Patent Cooperation Treaty

These are some of the most relevant parts of Patent Cooperation Treaty (PCT).

• Article 5. The Description

  The description shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art.

• Article 6. The Claims

  The claim or claims shall define the matter for which protection is sought. Claims shall be clear and concise. They shall be fully supported by the description.

• Article 8. Claiming Priority

  1. The international application may contain a declaration, as prescribed in the Regulations, claiming the priority of one or more earlier applications filed in or for any country party to the Paris Convention for the Protection of Industrial Property.
  2. 1. Subject to the provisions of subparagraph (b), the conditions for, and the effect of, any priority claim declared under paragraph (1) shall be as provided in Article 4 of the Stockholm Act of the Paris Convention for the Protection of Industrial Property
     2. The international application for which the priority of one or more earlier applications filed in or for a Contracting State is claimed may contain the designation of that State. Where, in the international application, the priority of one or more national applications filed in or for a designated State is claimed, or where the priority of an international application having designated only one State is claimed, the conditions for, and the effect of, the priority claim in that State shall be governed by the national law of that State.

• Article 33. The International Preliminary Examination

  1. The objective of the international preliminary examination is to formulate a preliminary and non-binding opinion on the questions whether the claimed invention appears to be novel, to involve an inventive step (to be non-obvious), and to be industrially applicable.
  2. For the purposes of the international preliminary examination, a claimed invention shall be considered novel if it is not anticipated by the prior art as defined in the Regulations.
  3. For the purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not, at the prescribed relevant date, obvious to a person skilled in the art.
  4. For the purposes of the international preliminary examination, a claimed invention shall be considered industrially applicable if, according to its nature, it can be made or used (in the technological sense) in any kind of industry. “Industry” shall be understood in its broadest sense, as in the Paris Convention for the Protection of Industrial Property.
  5. The criteria described above merely serve the purposes of international preliminary examination. Any Contracting State may apply additional or different criteria for the purpose of deciding whether, in that State, the claimed invention is patentable or not.
  6. The international preliminary examination shall take into consideration all the documents cited in the international search report. It may take into consideration any additional documents considered to be relevant in the particular case.

• Rule 64. Prior Art for International Preliminary Examination

  64.1 Prior Art

  1. For the purposes of Article 33(2) and (3), everything made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) shall be considered prior art provided that such making available occurred prior to the relevant date.
  2. For the purposes of paragraph (a), the relevant date shall be:
     1. subject to item (ii) and (iii), the international filing date of the international application under international preliminary examination;
     2. where the international application under international preliminary examination claims the priority of an earlier application and has an international filing date which is within the priority period, the filing date of such earlier application, unless the International Preliminary Examining Authority considers that the priority claim is not valid;
     3. where the international application under international preliminary examination claims the priority of an earlier application and has an international filing date which is later than the date on which the priority period expired but within the period of two months from that date, the filing date of such earlier application, unless the International Preliminary Examining Authority considers that the priority claim is not valid for reasons other than the fact that the international application has an international filing date which is later than the date on which the priority period expired.

  64.2 Non-Written Disclosures

  In cases where the making available to the public occurred by means of an oral disclosure, use, exhibition or other non-written means (“non-written disclosure”) before the relevant date as defined in Rule 64.1(b) and the date of such non-written disclosure is indicated in a written disclosure which has been made available to the public on a date which is the same as, or later than, the relevant date, the non-written disclosure shall not be considered part of the prior art for the purposes of Article 33(2) and (3). Nevertheless, the international preliminary examination report shall call attention to such non-written disclosure in the manner provided for in Rule 70.9.

  64.3 Certain Published Documents

  In cases where any application or any patent which would constitute prior art for the purposes of Article 33(2) and (3) had it been published prior to the relevant date referred to in Rule 64.1 was published on a date which is the same as, or later than, the relevant date but was filed earlier than the relevant date or claimed the priority of an earlier application which had been filed prior to the relevant date, such published application or patent shall not be considered part of the prior art for the purposes of Article 33(2) and (3). Nevertheless, the international preliminary examination report shall call attention to such application or patent in the manner provided for in Rule 70.10.

12.6 Parts of the Benelux Convention on Intellectual Property (designs)

These are some of the most relevant parts of the Benelux Convention on Intellectual Property (BCIP).

• Article 3.1. Designs

  1. A design shall be protected to the extent that it is new and has individual character.

  2. The appearance of the whole or a part of a product shall be regarded as a design.

  3. The appearance of a product shall be imparted, in particular, through the features of the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.

  4. A product shall mean any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces. Computer programs shall not be regarded as a product.

• Article 3.3. Novelty and individual character

  1. A design shall be considered new if no identical design has been made available to the public before the date of filing of the application or the date of priority. Designs shall be deemed to be identical if their features differ only in immaterial details.

  2. A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the date of filing or the date of priority. In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.

  3. In order to assess novelty and individual character, a design shall be deemed to have been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Community or the European Economic Area, before the date of filing or the date of priority. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.

  4. In order to assess novelty and individual character, a disclosure shall not be taken into consideration if a design for which protection is claimed under a registered design right has been made available to the public during the 12-month period preceding the date of filing of the application or the date of priority:

     1. by the designer, his successor in title, or a third person as a result of information provided or action taken by the designer, or his successor in title; and

     2. if the design has been made available to the public as a consequence of an abuse in relation to the designer or his successor in title.

  5. Right of priority shall mean the right provided for under Article 4 of the Paris Convention. This right may be claimed by anyone who properly submits an application for a design or utility model in one of the countries which is a party to the said Convention or the TRIPS Agreement.

• Article 3.9. Filing

  1. A Benelux application for designs shall be filed, either with the national administrations or with the Office, in the manner specified by the implementing regulations and against payment of the fees due. A Benelux application may comprise either a single design (single filing) or several (multiple filing). A check shall be made to ensure that the documents produced satisfy the conditions specified for fixing the filing date and the filing date shall be fixed. The applicant shall be informed, without delay and in writing, of the date of filing or, where applicable, of the grounds for not fixing a filing date.

  2. If other provisions of the implementing regulations are not satisfied at the time of filing, the applicant shall be informed without delay and in writing of the conditions which are not fulfilled and shall be given the opportunity to respond.

  3. The application shall have no further effect if the provisions of the implementing regulations are not satisfied within the period granted.

  4. Where filing takes place with a national administration, the national administration shall forward the Benelux application to the Office, either without delay after receiving the application or after establishing that the application satisfies conditions specified in paragraphs 1 to 3.

  5. Without prejudice in the case of Benelux filings to the application of Article 3.13, filings of designs may not be the subject, as far as substance is concerned, of any examination giving rise to findings which could be binding on the applicant by the Office.

• Article 3.16. Scope of protection

  1. Without prejudice to the application of ordinary law relating to civil liability, the exclusive right in a design shall allow its right holder to challenge the use of a product in which the design is incorporated or on which the design is applied, which has an identical appearance to the design as filed, or which does not produce a different overall impression on an informed user, taking into consideration the designer’s degree of freedom in developing the design.

  2. Use shall cover, in particular, the making, offering, putting on the market, sale, delivery, hire, importing, exporting, exhibiting, or using or stocking for one of those purposes.

• Article 3.19. Limitation of the effects of the exclusive right

  1. The exclusive right to a design shall not imply the right to contest:

     1. acts done privately and for non-commercial purposes;

     2. acts done for experimental purposes;

     3. acts of reproduction for the purpose of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of the source.

  2. Furthermore, the exclusive right in a design shall not imply the right to contest:

     1. the equipment on ships and aircraft registered in a third country when these temporarily enter the Benelux territory;

     2. the importation in the Benelux territory of spare parts and accessories for the purpose of repairing such craft;

     3. the execution of repairs on such craft.

  3. The exclusive right in a design constituting a part of a complex product shall not imply the right to contest use of the design for the purposes of repair of that complex product in order to restore to its initial appearance.

  4. The exclusive right in a design shall not imply the right to contest the acts mentioned in Article 3.16 relating to products which have been placed in circulation in one of the Member States of the European Community or European Economic Area, either by the holder or with the holder’s consent, or the acts mentioned in Article 3.20.

  5. Actions may not relate to products which were put on the market in Benelux territory prior to the filing.

12.7 Parts of the Regulation on Community designs

These are some of the most relevant parts of the Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (CDR).

This Council Regulation will be exchanged for a new regulation on community designs in the near future.

• Article 3. Definitions

  For the purposes of this Regulation:

  1. “design” means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation;

  2. “product” means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs;

  3. “complex product” means a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product.

• Article 5. Novelty

  1. A design shall be considered to be new if no identical design has been made available to the public:

     1. in the case of an unregistered Community design, before the date on which the design for which protection is claimed has first been made available to the public;

     2. in the case of a registered Community design, before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.

  2. Designs shall be deemed to be identical if their features differ only in immaterial details.

• Article 6. Individual character

  1. A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public:

     1. in the case of an unregistered Community design, before the date on which the design for which protection is claimed has first been made available to the public;

     2. in the case of a registered Community design, before the date of filing the application for registration or, if a priority is claimed, the date of priority.

  2. In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.

• Article 7. Disclosure

  1. For the purpose of applying Articles 5 and 6, a design shall be deemed to have been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed, before the date referred to in Articles 5(1)(a) and 6(1)(a) or in Articles 5(1)(b) and 6(1)(b), as the case may be, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the Community. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.

  2. A disclosure shall not be taken into consideration for the purpose of applying Articles 5 and 6 and if a design for which protection is claimed under a registered Community design has been made available to the public:

     1. by the designer, his successor in title, or a third person as a result of information provided or action taken by the designer or his successor in title; and

     2. during the 12-month period preceding the date of filing of the application or, if a priority is claimed, the date of priority.

  3. Paragraph 2 shall also apply if the design has been made available to the public as a consequence of an abuse in relation to the designer or his successor in title.

• Article 19. Rights conferred by the Community design

  1. A registered Community design shall confer on its holder the exclusive right to use it and to prevent any third party not having his consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

  2. An unregistered Community design shall, however, confer on its holder the right to prevent the acts referred to in paragraph 1 only if the contested use results from copying the protected design.

     The contested use shall not be deemed to result from copying the protected design if it results from an independent work of creation by a designer who may be reasonably thought not to be familiar with the design made available to the public by the holder.

  3. Paragraph 2 shall also apply to a registered Community design subject to deferment of publication as long as the relevant entries in the register and the file have not been made available to the public in accordance with Article 50(4).

• Article 20. Limitation of the rights conferred by a Community design

  1. The rights conferred by a Community design shall not be exercised in respect of:

     1. acts done privately and for non-commercial purposes;

     2. acts done for experimental purposes;

     3. acts of reproduction for the purpose of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of the source.

  2. In addition, the rights conferred by a Community design shall not be exercised in respect of:

     1. the equipment on ships and aircraft registered in a third country when these temporarily enter the territory of the Community;

     2. the importation in the Community of spare parts and accessories for the purpose of repairing such craft;

     3. the execution of repairs on such craft.

• Article 21. Exhaustion of rights

  The rights conferred by a Community design shall not extend to acts relating to a product in which a design included within the scope of protection of the Community design is incorporated or to which it is applied, when the product has been put on the market in the Community by the holder of the Community design or with his consent.

• Article 35. Filing and forwarding of applications

  1. An application for a registered Community design shall be filed, at the option of the applicant:

     1. at the Office; or

     2. at the central industrial property office of a Member State; or

     3. in the Benelux countries, at the Benelux Design Office.

  2. Where the application is filed at the central industrial property office of a Member State or at the Benelux Design Office, that office shall take all steps to forward the application to the Office within two weeks after filing. It may charge the applicant a fee which shall not exceed the administrative costs of receiving and forwarding the application.

  3. As soon as the Office has received an application which has been forwarded by a central industrial property office of a Member State or by the Benelux Design Office, it shall inform the applicant accordingly, indicating the date of its receipt at the Office.

  4. No less than 10 years after the entry into force of this Regulation, the Commission shall draw up a report on the operation of the system of filing applications for registered Community designs, accompanied by any proposals for revision that it may deem appropriate.

12.8 Parts of the Dutch Copyright law

Next, some relevant articles of the Dutch Copyright Act can be found here. See: Visser Schaap en Kreijger and Translations (2021).

• Article 10

  1. For the purposes of this Act, literary, scientific or artistic works are:

     1. books, brochures, newspapers, periodicals and other writings;
     2. dramatic and dramatic-musical works;
     3. recitations;
     4. choreographic works and mime shows;
     5. musical works, with or without words;
     6. drawings, paintings, works of architecture and sculpture, lithographs, engravings and other graphic works;
     7. geographical maps;
     8. designs, sketches and plastic models pertaining to architecture, geography, topography or other sciences;
     9. photographic works;
     10. films;
     11. works of applied art and industrial drawings and models;
     12. computer programs and preparatory design materials for such;

     and generally any creation in the literary, scientific or artistic domain, regardless of the manner or form in which it has been expressed.

  2. Reproductions of a literary, scientific or artistic work in a modified form, such as translations, musical arrangements, screen and other adaptations, as well as collections of different works are protected as separate works, without prejudice to the copyright in the original work.

  3. Collections of works, data or other independent materials arranged in a systematic or methodical way and individually accessible by electronic or other means are protected as separate works, without prejudice to other rights in the collection and without prejudice to copyrights or other rights in the works, data or other materials included in the collection.

• Article 12

  1. Disclosure to the public of a literary, scientific or artistic work includes:
     1. the disclosure to the public of a reproduction of the whole or part of the work;
     2. the distribution of the whole or part of the work or of a reproduction thereof, as long as the work has not appeared in print;
     3. the rental or lending of the whole or part of a copy of the work, works of architecture and works of applied art excepted, or of a reproduction thereof which has been put into circulation by or with the consent of the rightholder;
     4. the recitation, playing, performance or presentation in public of the whole or part of the work or a reproduction thereof;
     5. the broadcasting of the work incorporated in a radio or television programme,by satellite or another transmitter or a broadcasting organisation within the meaning of article 1.1 of the Media Act 2008;
     6. the disclosure of a work to the public by means of retransmission by cable or by any other means.
  2. Rental, as referred to in the first subsection sub 3, means making available for use for a limited period of time for direct or indirect economic or commercial advantage.
  3. Lending, as referred to in the first subsection sub 3, means making available for use by institutions which are accessible to the public for a limited period of time and not for direct or indirect economic or commercial advantage.
  4. The expression ‘recitation, playing, performance or presentation in public’ includes in a closed circle, except where this is limited to relatives or friends or equivalent persons and no form of payment whatsoever is made for admission to the recitation, play, performance or presentation. The same applies to exhibitions.
  5. The expression ‘recitation, playing, performance or presentation in public’ does not include those that take place exclusively for the purposes of education provided that this is on behalf of the public authorities or a non-profit-making legal person insofar as such recitation, playing, performance or presentation forms part of the syllabus or curriculum where applicable, or those that exclusively serve a scientific purpose. The first sentence also applies to digital use for the purpose of illustrating the aforesaid education under the responsibility of an educational establishment through a secure electronic environment that is only accessible for that educational establishment’s pupils or students and teaching staff provided that:
     1. the use takes place at the same time as the recitation, playing, performance or presentation;
     2. the use, including the acts of reproduction necessary for the disclosure to the public, is justified by the non-commercial purpose to be achieved; and
     3. the use is accompanied by the indication of the source, including the author’s name, unless this turns out to be impossible.
  6. The simultaneous broadcasting of a work incorporated in a radio or television programme by the same organisation that originally broadcasts the programme is not regarded as a separate instance of disclosure to the public.
  7. The broadcasting by satellite of a work incorporated in a radio or television programme means the act of introducing, under the control and responsibility of the broadcasting organisation, the programme-carrying signals intended for reception by the public into an uninterrupted chain of communication leading to the satellite and down towards the earth. Where the programme-carrying signals are encrypted, a work incorporated in a radio or television programme is broadcast by satellite if the means for decoding the broadcast are made available to the public by or with the consent of the broadcasting organisation.
  8. The retransmission of a work by cable means the simultaneous, unaltered and unabridged retransmission by a cable or microwave system for reception by the public of an initial broadcast, by wire or over the air, including by satellite, of a work incorporated in a television or radio programme intended for reception by the public, regardless of how the party enabling the retransmission obtains the programme-carrying signals from the broadcasting organisation for the purpose of retransmission.
  9. The retransmission of a work by other means refers to the simultaneous, unaltered and unabridged retransmission, other than by cable as referred to in the eighth subsection, of an initial broadcast, by wire or over the air, including by satellite but excluding an online transmission of a work incorporated in a television or radio programme intended for reception by the public, regardless of how the party enabling the retransmission obtains the programme-carrying signals from the broadcasting organisation for the purpose of retransmission. If an internet access service as referred to in Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJEU 2015, L 310) provides the retransmission, there is only a retransmission of a work by other means if it is a secure retransmission made to users authorised for that purpose.

• Article 12b

  If, by means of transfer of ownership, the original literary, scientific or artistic work or a copy thereof has been put into circulation for the first time by or with the consent of the author or his successor in title in one of the Member States of the European Union or in a State that is party to the Agreement on the European Economic Area, then putting the original work or a copy thereof into circulation in any other way, except by rental and lending, does not infringe the copyright.

• Article 13

  The reproduction of a literary, scientific or artistic work includes the translation,musical arrangement, film or stage adaptation and generally any partial or total adaptation or imitation in a modified form which cannot be considered as a new, original work.

• Article 15

  1. Using reports or articles on current economic, political, religious or ideological topics or works of the same nature which have been published in a daily or weekly newspaper or weekly or other periodical, radio or television programme or other medium that has the same function, is not regarded as an infringement of the copyright in a literary, scientific or artistic work, if:
     1. the use is made by a daily or weekly newspaper, a weekly or other periodical, a radio or television programme or other medium that has the same function;
     2. the provisions of article 25 are observed;
     3. the source, including the name of the author, is clearly indicated; and
     4. the copyright is not expressly reserved.
  2. This section also applies to use in a language other than the original

• Article 15a

  1. Quoting from a literary, scientific or artistic work in an announcement,review, polemic or scientific treatise or a piece with a comparable purpose, is not regarded as an infringement of the copyright in a literary, scientific or artistic work provided that:
     1. the work quoted from has been lawfully disclosed to the public;
     2. the quotation is in accordance with what is generally regarded as reasonably acceptable and the number and size of the quoted parts are justified by the purpose to be achieved;
     3. the provisions of article 25 are observed; and
     4. the source, including the author’s name, is clearly indicated, insofar as this is reasonably possible.
  2. In this section the term quotation also includes quotations in the form of press surveys of articles appearing in a daily or weekly newspaper or other periodical.
  3. This section also applies to quotations in a language other the original.

• Article 15b

  Renewed disclosure to the public or reproduction of a literary, scientific or artistic work already disclosed by or on behalf of the public authority which is the work’s author or his successor in title is not regarded as an infringement of the copyright in that work unless the copyright has been expressly reserved, either generally by law, decree or regulation, or specifically by a notice on the work itself or provided when the work was disclosed to the public. Even if no such reservation has been made, the author retains the exclusive right to have a collection of his works which have been disclosed to the public by or on behalf of a public authority appear.

• Article 15c

  1. Lending, as referred to in article 12 (1) sub 3, the whole or part of a literary, scientific or artistic work or a reproduction of it which has been put into circulation by or with the consent of the rightholder is not regarded as an infringement of the copyright, provided that the person doing or causing the lending pays fair compensation. The first sentence does not apply to a work as referred to in article 10 (1) sub 12 unless that work is part of a data carrier that contains data and the work serves exclusively to make those data accessible.
  2. Educational establishments and research institutes and the libraries attached to them, as well as the Royal Library, in its capacity as a research institute, are exempt from payment of compensation for lending as referred to in the first subsection.
  3. Public library facilities, which are for the most part funded or maintained by municipal, provincial or national authorities or the public body of Bonaire,St Eustatius or Saba, are exempt from paying the compensation referred to in the first subsection in respect of lending items converted on the basis of article 15i or article 15j (1) sub 1 or 2, or a converted work imported by an authorised entity on the basis of article 15k for persons with disabilities who are registered with those facilities.
  4. The compensation referred to in the first subsection is not owed if the person liable for payment can demonstrate that the author or his successor in title has waived the right to fair compensation. The author or his successor in title must notify the legal persons referred to in articles 15d and 15f of the waiver in writing.

• Article 15d

  The level of the compensation referred to in article 15c (1) will be determined by a foundation to be designated by the Minister of Security and Justice in agreement with the Minister of Education, Culture and Science, the board of which is composed so as to represent, in a balanced manner, the interests of the authors or their successors in title and the persons liable for payment pursuant to article 15c (1). The chair of the board of this foundation will be appointed by the Minister of Security and Justice in agreement with the Minister of Education, Culture and Science. The board must have an odd number of members.

• Article 15e

  Disputes concerning the compensation referred to in article 15c (1) are to be decided in the first instance exclusively by the District Court of The Hague.

• Article 15f

  1. The compensation referred to in article 15c must be paid to a legal person, which is to be designated by the Minister of Security and Justice in agreement with the Minister of Education, Culture and Science, and which they judge to be representative. The legal person is to be exclusively entrusted with the collection and distribution of such compensation. In matters relating to the level and collection of the compensation and the exercise of the exclusive right,the legal person referred to in the preceding sentence will represent the rightholders both in and out of court.
  2. The legal person referred to in the first subsection will be supervised by the Supervisory Board as referred to in the Supervision of Collective Management Organisations for Copyright and Related Rights Act.
  3. The compensation collected will be distributed on the basis of regulations drawn up by the legal person referred to in the first subsection and approved by the Supervisory Board referred to in the Supervision of Collective Management Organisations for Copyright and Related Rights Act.

• Article 15g

  Unless another date is agreed, by 1 April of every calendar year whoever is required to pay the compensation referred to in article 15c (1) will be obliged to submit a specification of the number of legal acts performed, as referred to in article 15c, to the legal person referred to in article 15f (1). He will also be obliged to provide this legal person, on request, with immediate access to any documents or other data carriers needed to establish liability and the level of the compensation.

• Article 15h

  Unless otherwise agreed, providing access to a literary, scientific or artistic work that forms part of the collections of libraries accessible to the public,educational establishments and museums or archives which do not seek a direct or indirect economic or commercial advantage, by means of a closed network and through dedicated terminals on the premises of these establishments, to individual members of the public, for purposes of research or private study, is not regarded as an infringement of the copyright.

• Article 15i

  1. Without prejudice to the provisions of article 15j, the reproduction or disclosure to the public of a literary, scientific or artistic work where this is exclusively intended for disabled persons is not regarded as an infringement of the copyright in that work, provided this is directly related to the disability, is not of a commercial nature and is required on account of the disability.
  2. Fair compensation is due to the author or his successor in title for the act of reproduction or disclosure to the public referred to in the first subsection.

• Article 15j

  1. Any act required for the following purposes is not regarded as an infringement of the copyright in a literary, scientific or artistic work:
     1. the conversion of published writings into a format accessible to a print-disabled person by a print-disabled person or a person acting on their behalf,provided that the print-disabled person has lawful access to the published writings, the converted work is intended solely for use by the print-disabled person, and the integrity of the published writings is respected to the greatest extent possible;
     2. the conversion of published writings into a format accessible to a print-disabled person by an authorised entity, provided that the authorised entity has lawful access to the published writings, the converted work is intended solely for use by a print-disabled person, and the integrity of the published writings is respected to the greatest extent possible; and
     3. the disclosure to the public of a converted work as referred to sub 2, by an authorised entity to a print-disabled person residing in or to another authorised entity established in a Member State of the European Union or a state that is party to the Print Disability Treaty, provided that the disclosure to the public is made for the purpose of the exclusive use by the print-disabled person and is made on a non-profit basis.
  2. No agreement may derogate from the provisions of the first subsection.
  3. It may be determined by order in council that the authorised entity established in the Netherlands owes fair compensation to the author or his successors in title for the conversion or disclosure to the public referred to in the first subsection sub 2 and 3. Further rules may be issued and conditions set for this.

• Article 15k

  The import by a print-disabled person or an authorised entity of a work that has been converted by an authorised entity in another Member State of the European Union or in a state that is party to the Print Disability Treaty is not regarded as an infringement of the copyright in a literary, scientific or artistic work. No agreement may derogate from this provision.

• Article 15l

  1. An authorised entity that effects a cross-border disclosure to the public of a converted work on the basis of article 15j (1) sub 3, or imports a converted work on the basis of article 15k, must have its own practices in place to ensure that it:
     1. only discloses converted works to print-disabled persons or other authorised entities;
     2. takes appropriate measures to discourage the unauthorised reproduction or disclosure to the public of converted works;
     3. demonstrates due care in, and keeps records of, its handling of published writings and converted works; and
     4. publishes and updates information, on its website if appropriate, or through other online or offline channels on how it complies with the obligations provided sub 1 to 3.
  2. An authorised entity that effects a cross-border disclosure to the public of a converted work on the basis of article 15j (1) sub 3°, or imports a converted work on the basis of article 15k, must provide a print-disabled person,another authorised entity or the author or their successors in title, upon request, with:
     1. the list of converted works, as well as the available formats; and
     2. the name and contact details of the authorised entities with which it has exchanged converted works.

• Article 15m

  For the purposes of articles 15j, 15k and 15l, the following definitions apply:

  1. print-disabled person: a person
     1. who is blind;
     2. who has a visual impairment which cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment and so is unable to read printed works to substantially the same degree as a person without such an impairment;
     3. who has a perceptual or reading disability and so is unable to read printed works to substantially the same degree as a person without such disability;or
     4. who is otherwise unable, due to a physical disability, to hold or manipulate a book or to focus or move his eyes to the extent that would be normally acceptable for reading;
  2. published writings: a literary, scientific or artistic work in the form of a book, newspaper (daily or otherwise), periodical or other type of writing,notations including sheet music and related illustrations, in any media, including works in audio format, which is protected by copyright and which has been disclosed to the public;
  3. converted work: a work which has been converted into an alternative format which gives a print-disabled person access to the work, including allowing the print-disabled person to have access as feasibly and comfortably as a person without a print disability;
  4. authorised entity: an entity authorised or recognised by a Member State to provide education, instructional training, adaptive reading or information access to print-disabled persons on a non-profit basis. This includes government institutions or non-profit organisations that offer print-disabled persons the same services as one of their primary activities, institutional obligations or as part of their public-interest missions;
  5. Print Disability Treaty: the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, concluded in Marrakesh on 27 June 2013.

• Article 15n

  1. Reproductions of a literary, scientific or artistic work made by research organisations and cultural heritage institutions to carry out, for the purposes of scientific research, text and data mining of a work to which they have lawful access will not be regarded as an infringement of the copyright in that work.
  2. The reproduction referred to in the first subsection is stored with an appropriate level of protection and may be retained for the purposes of scientific research.
  3. The authors of literary, scientific or artistic works and their successors in title may take measures to ensure the protection and integrity of the networks and databases where such works are retained. Such measures will not go beyond what is necessary in order to achieve that objective.
  4. No agreement may derogate from the provisions of this section.

• Article 15o

  1. Without prejudice to the provisions of article 15n, a reproduction made in the context of text and data mining is not regarded as an infringement of a copyright in a literary, scientific or artistic work, provided that the person performing the text and data mining has lawful access to the work and the author or their successors in title have not expressly reserved the copyright in an appropriate manner, such as by machine-readable means in the case of a work made available online.
  2. The reproduction made in accordance with the provisions of the first subsection may be retained as long as is necessary for the purposes of text and data mining.

• Article 16

  1. The reproduction or disclosure to the public of parts of a literary, scientific or artistic work for the sole purpose of illustration for teaching, insofar as this is justified by the intended and non-commercial purpose, is not regarded as an infringement of the copyright in that work, provided that:
     1. the work from which the part is taken has been lawfully disclosed to the public;
     2. it is in accordance with what is generally regarded as reasonably acceptable use;
     3. the provisions of article 25 have been observed;
     4. insofar as reasonably possible the source, including the author’s name, has been clearly indicated; and
     5. fair compensation is paid to the author or his successors in title.
  2. For the same purpose, and subject to the same conditions, use of the whole work is allowed if it concerns a short work or a work as referred to in article 10 (1) sub 6, 9 or 11.
  3. Where the use is for a compilation, the use of works by the same author must be limited to a few short works or short passages of his works. Where it concerns works referred to in article 10 (1) sub 6, 9 or 11, only a few of the said works may be used and only if the reproductions differ appreciably from Secure storage Text and datamining – other provisions the original work, in size or as a result of the manner in which they are made,on the understanding that, where two or more such works were disclosed to the public together, the reproduction of only one of them is permitted.
  4. The provisions of this section also apply where the use is in a language other than the original.
  5. The provisions of this section also apply to digital use under the responsibility of an educational establishment through a secure electronic environment that is only accessible to that educational establishment’s pupils or students and teaching staff.
  6. No agreement may derogate from the provisions of this section.

• Article 16a

  Making a short recording, show or presentation of a literary, scientific or artistic work in public in a photographic, film, radio or television report is not regarded as an infringement of the copyright in that work, insofar as this is justified for giving a proper account of the current event that is the subject of the report and provided that, as far as is reasonably possible, the source,including the author’s name, is indicated clearly.

• Article 16b

  1. Making a reproduction of a literary, scientific or artistic work that is limited to a few copies intended exclusively for private practice, study or use by the natural person who, for ends that are neither directly nor indirectly commercial, made the reproduction or had it made exclusively for his own benefit, is not regarded as an infringement of the copyright in that work.
  2. Where this concerns a daily or weekly newspaper or weekly or other periodical, or a book or a score or parts of a musical work, and of other works included in the said works, the reproduction is furthermore to be limited to a small part of the work, except in the case of:
     1. works of which it may reasonably be assumed that no new copies will be made available to third parties for payment of any kind;
     2. short articles, news items or other texts, which have appeared in a daily or weekly newspaper or weekly or other periodical.
  3. Where this concerns a work referred to in article 10 (1) sub 6, the reproduction must differ appreciably from the original work, in size or as a result of the manner in which it was made.
  4. If a reproduction permitted under this section has been made, the copies made may not be issued to third parties without the consent of the author or his successors in title, unless it is for the purposes of judicial or administrative proceedings.
  5. It may be determined by order in council that fair compensation is due to the author or his successors in title for the reproduction referred to in the first subsection. Further rules may be issued and conditions set for this.
  6. This section does not apply to acts of reproduction referred to in article 16c, or to the recreation of works of architecture.

• Article 16c

  1. Reproducing a literary, scientific or artistic work or part of it on an article that is intended for allowing a work to be heard, shown or presented, provided that the reproduction is carried out for ends that are neither directly nor indirectly commercial and is intended exclusively for private practice, study or use by the natural person who makes the reproduction, is not regarded as an infringement of the copyright in that work.
  2. For the reproduction referred to in the first subsection, fair compensation is owed to the author or his successor in title. The manufacturer or the importer of the articles referred to in the first subsection is obliged to pay the compensation.
  3. The manufacturer’s obligation to pay compensation arises at the time that the articles manufactured by him are ready to be put into circulation. The importer incurs this obligation at the time of import.
  4. The obligation to pay compensation lapses if the person liable for the ayment referred to in the second subsection exports the article referred to in he first subsection.
  5. The compensation is only due once for each article.
  6. Further rules may be issued by order in council for the articles for which compensation referred to in the second subsection is due. For the implementation of this section, further rules may be issued and conditions set, also by order in council, with respect to the level and form of fair compensation and liability for payment.
  7. If a reproduction permitted under this section has been made, an article as referred to in the first subsection may not be issued to third parties without the consent of the author or his successors in title, unless it is for judicial or administrative proceedings.
  8. This section does not apply to the reproduction of a collection accessible by electronic means as referred to in article 10 (3).

• Article 16d

  1. The compensation referred to in article 16c must be paid to a legal person which is to be designated and judged representative by the Minister of Security and Justice and which is entrusted with the collection and distribution of that compensation in accordance with regulations it has drawn up and which have been approved by the Supervisory Board referred to in the Supervision of Collective Management Organisations for Copyright and Related Rights Act. In matters relating to collection and compensation, this legal person will represent the authors and their successors in title both in and out of court.
  2. The legal person referred to in the first subsection will be supervised by the Supervisory Board as referred to in the Supervision of Collective Management Organisations for Copyright and Related Rights Act.

• Article 16e

  The level of the compensation referred to in Article 16c will be determined by a foundation to be designated by the Minister of Security and Justice, the board of which is composed so as to represent, in a balanced manner, the interests of the authors or their successors in title and the persons liable for payment pursuant to Article 16c (2). The chair of the board of the said foundation will be appointed by the Minister of Security and Justice.

• Article 16f

  The person who is required to pay the compensation referred to in Article 16c is obliged to submit a specification of the number of articles as referred to in Article 16c (1) that were imported or manufactured by him, to the legal person referred to in Article 16d (1), either immediately or within a period agreed with the said legal person. He is also obliged to provide the said legal person, on request, with immediate access to the documents necessary to establish liability for payment and the level of the compensation.

• Article 16g

  Disputes pertaining to the compensation referred to in Articles 15i, 15j, 16, 16b, 16c and 16h are decided in first instance exclusively by the District Court of The Hague.

• Article 16ga

  1. At the request of the legal person referred to in Article 16d (1), the seller of articles referred to in Article 16c (1) is obliged to immediately provide access to such documents as are necessary to establish whether the compensation referred to in Article 16c (2) has been paid by the manufacturer or importer.
  2. If the seller cannot demonstrate that the compensation has been paid by the manufacturer or the importer, he is obliged to make the payment to the legal person referred to in Article 16d (1) unless the documents referred to in the first subsection above show who the manufacturer or importer is.

• Article 16h

  1. A reprographic reproduction of an article in a daily or weekly newspaper or weekly or other periodical, or of a small part of a book and other works contained in such a work, is not regarded as an infringement of the copyright,provided that compensation is paid for this reproduction.
  2. A reprographic reproduction of the whole work is not regarded as an infringement of the copyright if it may reasonably be assumed that no new copies of the book will be made available to third parties for payment of any kind, provided that compensation is paid for this reproduction.
  3. By order in council it may be determined that, in relation to the reproduction of works referred to in Article 10 (1) sub 1°, the provisions of one or more of the foregoing subsections may be derogated from for the benefit of public service as well as for the performance of tasks entrusted to institutions operating in the public interest. Further rules may be issued and conditions set by order in council in this regard.

• Article 16i

  The compensation referred to in Article 16h is calculated on the basis of each page of a work, as referred to in the first and second subsections of that section,that is reprographically reproduced.The level of compensation will be determined, and further rules may be issued and conditions set, by order in council.

• Article 16j

  Without the consent of the author or his successor in title, a reprographic reproduction made with due regard to Article 16h may only be issued to individuals working in the same company, organisation or institution, unless it is issued for the purposes of judicial or administrative proceedings.

• Article 16k

  The obligation to pay compensation, as referred to in Article 16h, lapses after the expiry of three years from when the reproduction was made.The compensation is not owed if the person liable for payment can demonstrate that the author or his successor in title has waived the right to compensation.

• Article 16l

  1. The compensation referred to in Article 16h must be paid to a legal person which is to be designated and judged representative by the Minister of Security and Justice and which will be exclusively entrusted with the collection and distribution of the said compensation.
  2. In matters pertaining to the collection of the compensation, the legal person referred to in the first subsection represents the authors or their successors in title both in and out of court.
  3. The legal person referred to in the first subsection will distribute the collected compensation on the basis of regulations. The regulations require the approval of the Supervisory Board referred to in the Supervision of Collective Management Organisations for Copyright and Related Rights Act.
  4. The legal person referred to in the first subsection will be supervised by the Supervisory Board specified in the Supervision of Collective Management Organisations for Copyright and Related Rights Act.
  5. The first and second subsections do not apply to the extent that the person who is obliged to pay the compensation can directly to the author or his successor in title.

• Article 16m

  The person who is obliged to pay the compensation referred to in Article 16h to the legal person referred to in Article 16l (1), is obliged to submit a specification to the legal person of the total number of reprographic reproductions he makes each year. The specification referred to in the first subsection is not required if the number of annual reprographic reproductions is smaller than such number as will be specified by order in council.

• Article 16n

  1. The reproduction of a literary, scientific or artistic work by a cultural heritage institution is not regarded as an infringement of the copyright in that work if:
     1. the reproduction is made for the purpose of preserving the work and the reproduction is necessary for that purpose; and
     2. the work is permanently in the collection of the cultural heritage institution.
  2. No agreement may derogate from the provisions of the first subsection.

• Article 16o

  1. It is not regarded as an infringement of the copyright in a literary, scientific or artistic work referred to in Article 10 (1) sub 1, 5 or 10, for publicly accessible libraries, educational establishments and museums, as well as archives and film or audio-visual heritage institutions that do not seek any direct or indirect economic or commercial advantage, to reproduce or make available a work first disclosed to the public in a Member State of the European Union or in a State that is party to the Agreement on the European Economic Area provided that:
     1. the work forms part of the own collection of organisations referred to above;
     2. the rightholder to the work has not been identified and located after a diligent search within the meaning of Article 16p has been carried out;and
     3. the work is reproduced and made available within the scope of the performance of a public duty, in particular the conservation and restoration of works and providing access for cultural and educational purposes to the works from the own collections of the organisations referred to above.
  2. If the copyright in the work is vested in one or more persons and not all the rightholders have been identified and located after a diligent search has been carried out, the work may only be reproduced and made available if the located rightholder has given his consent in relation to the rights that he himself holds. Upon making a work available, the organisations referred to in the first subsection must indicate the identified, but not yet located, rightholder or rightholders.
  3. A work that has not previously been disclosed to the public may be reproduced and made available, in accordance with the first subsection, if the work has been included in the collection referred to in the first subsection sub a with the consent of the rightholder and if it may reasonably be assumed that the rightholder would not oppose the work being reproduced and made available.
  4. The organisations referred to in the first subsection may generate revenue by reproducing and making the works available provided that this revenue serves solely to compensate the costs of digitising and making the works referred to in the first subsection available.

• Article 16p

  1. The diligent search for the rightholder referred to in article 16o (1)(b) will be carried out by consulting the appropriate sources for the category of works in question to locate rightholders for each work referred to in article 16o (1),and for each literary, scientific or artistic work incorporated therein. On the recommendation of the Minister of Education, Culture and Science,regulations will be issued by order in council with respect to the sources to beconsulted in the search.
  2. The search will be carried out in the Member State in which the work was first disclosed to the public. In the case of films the search will be carried out in the Member State in which the producer has his headquarters or habitual residence.
  3. The search for a work referred to in article 16o (3) will be carried out in the Member State in which the organisation that has incorporated the work in its own collection with the consent of the rightholder is established.
  4. If there is evidence to suggest that information on the rightholder is to be found in other Member States, the sources of information prescribed for a diligent search in those other Member States will also be consulted.
  5. The organisations referred to in article 16o (1) maintain records of the sources that were consulted as part of the search and which information they have produced. The organisations will provide the following data to a body to be designated on the recommendation of the Minister of Education, Culture and Science, by or pursuant to an order in council, to forward the following data to the Office for Harmonization in the Internal Market (the Office):
     1. the results of the diligent searches that the organisations have carried out and which have led to the conclusion that a work is considered an orphan work;
     2. the manner in which the work will be used;
     3. the contact information of the organisations; and d where applicable, any change to the status of the work.

  On the recommendation of the Minister of Education, Culture and Science,further regulations will be issued by order in council with respect to the data to be provided and the manner in which it is to be provided.

  6. In the case of orphan works incorporated in the database of the Office referred to in the fifth subsection, a diligent search referred to in article 16o (1)(b) is not required for reproducing them or making them available to the public.

• Article 16q

  The use of a literary, scientific or artistic work in accordance with article 16o (1) will be revoked if a rightholder avails himself of the possibility to put an end to the orphan work status in respect of rights that he himself holds. Fair compensation is due from the organisations referred to in article 16o (1) to the rightholder for the use that has been made of the work on the basis of article 16o.

• Article 16r

  For the purposes of articles 16o, 16p, 16q and 17, making a work available to the public will be understood to mean making a literary, scientific or artistic work available to the public, by wire or wireless, in such a way that members of the public may access the work from a place and at a time individually chosen by them.

• Article 17

  It is not regarded as an infringement of the copyright in a literary, scientific or artistic work as referred to in article 10 (1)(5) or (10) for a public media institution as referred to in Part 2 of the Media Act 2008 to reproduce or make available a work, disclosed to the public as referred to in article 16o (1)(b) in a Member State of the European Union or in a State that is party to the Agreement on the European Economic Area, if it was produced by the public media institution before 1 January 2003 and archived. articles 16o to 16r apply equally.

• Article 17a

  In the public interest, rules may be issued by order in council with respect to the exercise of the rights of an author of a work or his successors in title in relation to the disclosure to the public of a work by means of a broadcast of a radio or television programme by radio or television, or some other medium fulfilling the same function. The order in council referred to in the first sentence may determine that such a work may be disclosed to the public in the Netherlands without prior consent from the author or his successors in title if the broadcast is made from the Netherlands or from a State that is not party to the Agreement on the European Economic Area. The person who is entitled to disclose a work to the public without prior consent is nonetheless obliged to respect the author’s rights as referred to in article 25, and to pay the author or his successors in title fair compensation, which, failing agreement, will be determined by the court on the application of either party and which may also order the provision of security. The foregoing provisions do not apply to the broadcast by satellite of a work incorporated in a radio or television programme.

• Article 17b

  1. Unless otherwise agreed, the authority to disclose to the public a radio or television programme by broadcasting it by radio or television or another medium fulfilling the same function, does not include authorisation to create a fixation of the work.
  2. The broadcasting organisation that is authorised to disclose to the public as referred to in the first subsection, is however entitled to create a temporary fixation of the work intended for broadcasting with its own equipment and exclusively for the purposes of broadcasting its own radio or television programmes. The broadcasting organisation thus entitled to create a fixation is nonetheless obliged to respect the rights of the author of the work as referred to in article 25.
  3. Fixations created with due observance of the second subsection and which have exceptional documentary character may be kept in official archives.

• Article 17c

  Singing in a congregation with instrumental accompaniment during a service of worship is not regarded as an infringement of the copyright in a literary or artistic work.

• Article 17d

  Any order in council issued pursuant to articles 15j (3), 16b (5), 16c (6),16h (3), 16m (2), 17a, 29a (4) and (5),29c (7), 44 (4) or 45 (2) or any amendment thereto will not come into effect any earlier than eight weeks after the date of issue of the Bulletin of Acts and Decrees in which it is published. Both Houses of the States General will be notified of such publication without delay.

• Article 18

  The reproduction or disclosure to the public of images of a work referred to in article 10 (1) sub 6 or a work pertaining to architecture as referred to in article 10 (1) sub 8 which has been made to be permanently situated in public places and as it is situated there is not regarded as an infringement of the copyright in that work. Where this concerns incorporation into a compilation work, no more than a few works by the same author may be incorporated.

• Article 18a

  The incidental incorporation of a literary, scientific or artistic work into another work as a part of minor significance is not regarded as an infringement of the copyright in that work.

• Article 18b

  Disclosure to the public or reproduction of a literary, scientific or artistic work in the context of a caricature, parody or pastiche is not regarded as an infringement of the copyright in that work, provided that this use is in accordance with what is generally regarded as reasonably acceptable.

• Article 18c

  1. Where a cultural heritage institution makes a literary, scientific or artistic work available to the public for non-commercial purposes, this will not be regarded as an infringement of the copyright in that work provided that:
     1. the work is not commercially available;
     2. the work is permanently in the collection of the cultural heritage institution;
     3. the work is made available on a non-commercial website; and
     4. the name of the author is indicated, unless this turns out to be impossible.
  2. Articles 44 (3) to (5) and 44b apply equally.
  3. This section does not apply to types of works for which there is a collective management organisation as referred to in article 1 (d) of the Collective Management Organisations (Copyright and Related Rights) Supervision and Dispute Resolution Act which complies with the provisions in article 44 (1) sub 1.

• Article 19

  1. The reproduction of a portrait by or on behalf of the person portrayed or, after his death, his relatives, is not regarded as an infringement of the copyright.
  2. If the same portrait portrays two or more persons, for each of them the entitlement to reproduce the other person’s (or persons’) portraits requires the consent of that person/those persons, or, for ten years after their death, the consent of their relatives.
  3. In the case of a photographic portrait, disclosure of the portrait to the public in a newspaper or periodical by or with the consent of one of the persons referred to in the first subsection is not regarded as an infringement of the copyright, provided that the name of the author is stated if the name is indicated on or with the portrait.
  4. This section only applies to portraits made on commission by or on behalf of the persons portrayed, or created on commission by the author for their benefit.

• Article 20

  1. Unless otherwise agreed, the holder of the copyright in a portrait is not entitled to disclose it to the public without the consent of the person portrayed or, for ten years after his death, his relatives.
  2. If an image contains the portrait of two or more persons, then, with respect to the whole image the consent of all the persons portrayed is required, or, for ten years following their death, their relatives.
  3. The last subsection of the preceding section applies.

• Article 21

  If a portrait is made without the author having been commissioned by or on behalf of the person portrayed, or for his benefit, the rightholder is not permitted to disclose the portrait to the public if there is a reasonable interest opposing disclosure on the part of the person portrayed or, after his death, one of his relatives.

• Article 22

  1. In the interests of public safety as well as for the purpose of criminal investigations,images of any kind whatsoever may be reproduced or disclosed to the public by or on behalf of the judicial authorities.
  2. The use of a literary, scientific, or artistic work for purposes of public safety,or for ensuring the proper course of administrative, parliamentary or judicial proceedings or the reporting of them, is not regarded as an infringement of the copyright in that work.

• Article 23

  Unless otherwise agreed, whoever owns, possesses or holds a drawing,painting, sculpture or a work of architecture or applied art, is permitted to reproduce and disclose that work to the public insofar as that is necessary for a public exhibition or public sale of that work, subject to the exclusion of any other commercial use.

• Article 24

  Unless otherwise agreed, the author of any painting, notwithstanding the assignment of his copyright, remains entitled to create similar paintings.

• Article 24a

  1. It is not regarded as an infringement of the copyright in a collection as referred to in article 10 (3) for the lawful user of the collection to reproduce it where this is necessary to gain access to and make normal use of the collection.
  2. If the lawful user is only entitled to use part of the collection, the first subsection applies solely to the access to and normal use of that part.
  3. No agreement may derogate from the provisions of the first and second subsections to the detriment of the lawful user.

• Article 25

  1. Even after assigning his copyright, the author of a work has the following rights:
     1. the right to oppose disclosure to the public of the work without reference to his name or other indication as author, unless such opposition would be unreasonable;
     2. the right to oppose disclosure to the public of the work under a name other than his own, as well as any alteration to the title of the work or the indication of the author, insofar as these appear on or in the work or have been disclosed to the public in connection with the work;
     3. the right to oppose any other alteration to the work, unless the nature of the alteration is such that opposition would be unreasonable;
     4. the right to oppose any distortion, mutilation or other impairment of the work that could be prejudicial to the honour or reputation of the author or to his dignity as an author.
  2. After the death of the author and until the copyright expires, the rights referred to in the first subsection vest in the person the author has specifically designated by testamentary disposition.
  3. The right referred to in the first subsection sub a. may be waived. The rights referred to sub b. and c. may be waived insofar as alterations to the work or its title are concerned.
  4. If the author of the work has assigned his copyright, he remains entitled to make such alterations to the work as he may make in good faith in accordance with the generally accepted rules. As long as copyright continues to subsist in the work, the same right vests in the person the author has specifically designated by testamentary disposition, if it is reasonably likely that the author would also have approved such alterations.

• Article 25a

  1. For the purposes of this Part, “relatives” means parents, spouse or registered partner and children. The rights of relatives may be exercised by each of them individually. In the event of a dispute, the Court may issue a decision which will be binding upon them.
  2. For the purposes of this Part, “research organisation” means a university,including its libraries, a research institute or any other entity, the primary goal of which is to conduct scientific research or to carry out educational activities also involving the conduct of scientific research:
     1. on a not-for-profit basis or by reinvesting all the profits in its scientific research; or
     2. pursuant to a public interest mission recognised by a State that is a Member of the European Union or the European Economic Area;in such a way that the access to the results generated by such scientific research cannot be enjoyed on a preferential basis by an undertaking that exercises adecisive influence upon such organisation.
  3. For the purposes of this Part, “text and data mining” means any automated analytical technique aimed at analysing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations.
  4. For the purposes of this Part, “cultural heritage institution” means a publicly accessible library or museum, an archive or a film or audio(visual) heritage institution.

• Article 37

  1. Copyright expires after 70 years calculated from the first of January of the year following the year of the author’s death.
  2. The duration of the copyright that is vested jointly in two or more persons in their capacity as co-authors of one and the same work, is calculated from the first of January of the year following the year of the last surviving co-author’s death.

• Article 38

  1. The copyright in a work whose author has not been indicated or not in such a way that his identity is beyond doubt, expires after 70 years calculated from the first of January of the year following the year in which the work was first lawfully disclosed to the public.
  2. The same applies to works whose author is considered to be a public institution, an association, a foundation or a company unless the natural person who created the work is indicated as the author on or in copies of the work which have been disclosed to the public.
  3. If the author discloses his identity before the term referred to in the first subsection ends, the duration of the copyright in that work concerned will be calculated in accordance with the provisions of Article 37.

• Article 39

  The copyright in works for which the duration of copyright is not calculated in accordance with Article 37 and which have not lawfully been disclosed to the public within 70 years of their creation, expires.

• Article 40

  The copyright in a film expires after 70 years calculated from the first of January of the year following the year in which the last of the following persons to survive dies: the principal director, the screenplay writer, the writer of the dialogue and the composer of the music created for the film.

• Article 40a

  If, in the case of a musical work with words, the copyright in the music and the copyright in the words are vested in different persons, the copyright expires after 70 years calculated from the first of January of the year following the year in which the last of these persons to survive dies.

• Article 41

  For the purposes of Article 38, where a work is published in volumes, parts, issues or episodes, each volume, part, issue or episode is considered as a separate work.

• Article 42

  Notwithstanding the provisions of this Part, no copyright can be invoked in the Netherlands in cases where it has already expired in the country of origin of the work. The provision in the first sentence does not apply to works whose author is a national of a Member State of the European Union or of a State that is party to the Agreement on the European Economic Area of 2 May 1992.

14.1 WO 00/06437 A1

WO 00/06437

14.2 US 5 772 279

US 5 772 279

14.3 Copy from Benelux trademark register

bugaboo copy from trademark register

14.4 Copies from the EUIPO design register

A copy of a Bugaboo design from the EUIPO design register

A copy of a Bugaboo design from the EUIPO design register

A copy of a Bugaboo design from the EUIPO design register

A copy of a Bugaboo design from the EUIPO design register

14.5 The start of Bugaboo

From:

https://www.baby-magazine.co.uk/talking-business-bugaboo-co-founder-max-barenbrug/

Talking business with Bugaboo co-founder Max Barenbrug

We chat to the designer and co-founder of Bugaboo about work life, and his passion to help parents feel ‘free’

The Bugaboo story started in 1994, when you designed a stroller for your graduation. What made you go down the route of baby travel systems?

Going back to when I was a student at Eindhoven, I actually remember that moment I got the idea for my graduation project. I looked out of the window and saw an unhappy-looking couple struggling with their stroller – that was my ‘Aha!’ moment.

Where did you start?

All the strollers I’d seen looked similar, with infantile colors and cumbersome white tyres – there was nothing desirable about them. I decided then that I wanted to turn my graduation project into a mission to help parents feel free, so I created an all-terrain stroller. It had to be tough, it had to be multifunctional, it had to be made for outdoor adventures. It had to be something that both men and women would love. I imagined all the different ways parents might want to use their stroller and created something that would allow them to live their lives. This very first stroller – my graduation project – is the blueprint for all the Bugaboo strollers we have made since.

You’ve collaborated with the likes of Marc Jacobs, Diesel, Van Gogh and Missoni, did you have a favourite partnership?

We love collaborating with artists and other like-minded companies to make these special editions, as long as we stay true to the core of the brand. I personally prefer the simple designs. My two daughters grew up with the standard models.

What’s your role within the business these days?

I come into our office in Amsterdam every day and work hand-in-hand with our team of designers and engineers on new design projects. I am also very involved in creating new sustainable business models.

All the products are named after animals, where did that idea stem from?

The idea came in 2001, when we were working on the upgrade of our Bugaboo Classic. We were creating a new kind of suspension – a frog-leg-style suspension that made navigating obstacles easier. Then we realised that Bugaboo Frog was quite a nice name. When we created our third stroller, the Bugaboo Cameleon, it had all sorts of colour combinations, so again, the name fitted. And the tradition started…

Victoria Beckham, Gwyneth Paltrow and Elton John are all reportedly fans, how does it feel to see so many A-listers choosing your products?

Celebrities are also parents, and we want all parents to have the best for their children. I personally want people to buy our pushchairs because they know they are getting good durability and quality for their money, and not necessarily because of who else pushes it.

What’s new for Bugaboo?

Our luggage system, the Bugaboo Boxer. People know us for our strollers, but Bugaboo has always been a mobility brand at heart. We’re about creating products that combine design, engineering, quality and style to help all kinds of people move freely, all over the world.

14.6 Continuation of Bugaboo with private equity investor (Dutch)

From:

https://managementscope.nl/magazine/artikel/1465-private-equity-stabiliteit-crisistijd

Hoe private equity stabiliteit kan bieden in crisistijd

14-04-2021 | Interviewer: Marc van Voorst tot Voorst | Auteur: Ellis Bloembergen | Beeld: Ton Zonneveld

Private equity-investeerder Bain Capital is eigenaar van kinderwagenproducent Bugaboo, dat in 2020 ondanks schokeffecten op de verkoop in de eerste coronagolf goed presteerde. Jurjen van der Wiel van Bain en Bugaboo-ceo Adriaan Thierry vertellen over de kracht van private equity in volatiele tijden. ‘Natuurlijk is er aanvankelijk kritisch naar onze financiële positie gekeken, maar er is nooit sprake geweest van paniekvoetbal.’

20 jaar geleden zag de Bugaboo het levenslicht. De hippe kinderwagen werd bedacht door Max Barenbrug en vormde destijds zijn afstudeeropdracht aan de Design Academy in Eindhoven. Aanvankelijk probeerde Barenbrug tevergeefs zijn concept te verkopen aan kinderwagenproducenten. Hij besloot zijn concept zelf op de markt te brengen, samen met zijn zwager Eduard Zanen. De Bugaboo bleek een succes. Behalve in Nederland rollen de Bugaboo’s ook in Amerika, Zuid-Korea en Australië door de straten. Het bedrijf telt inmiddels 1.000 werknemers en is actief in 50 landen.

Een jaar geleden trad Adriaan Thierry als ceo aan bij Bugaboo. De bestuurder heeft als opdracht de organisatie verder te laten groeien. Daarbij werkt het management nauw samen met Bain Capital, de Amerikaanse private equity-investeerder die sinds 2018 eigenaar is van Bugaboo. Binnen Bain Capital is managing director Jurjen van der Wiel verantwoordelijk voor vijf van Bains 20 bedrijven in Europa, waaronder Bugaboo. In een dubbelgesprek met Marc van Voorst tot Voorst, plaatsvervangend directeur van de Nederlandse Vereniging voor Participatieverenigingen (NVP), vertellen Thierry en Van der Wiel over hun samenwerking en de toekomst van Bugaboo.

Wat was voor u de aantrekkingskracht van Bugaboo?

Thierry: ‘Bugaboo zorgde bij de introductie voor een revolutie op de markt. Tot die tijd was een kinderwagen vooral een ongedifferentieerd gebruiksartikel. Met de Bugaboo konden kersverse ouders kiezen voor een designproduct van hoge kwaliteit. Het hippe en functionele design is nog steeds de grote kracht, maar er liggen grote kansen voor het internationale bedrijf om beter in te spelen op de nieuwe wereld. De concurrentie is enorm, de klant is veranderd. Ik zet me graag in om Bugaboo te transformeren.’

Welke kennis en ervaring brengt u mee?

Thierry: ‘Ik was eerder betrokken bij transities met een sterke digitale component. Bij Ahold was ik als marketing- en e-commerce-directeur onder andere verantwoordelijk voor de omschakeling van albert.nl naar ah.nl. Bij Bugaboo is nog werk te doen om de digitale klantreis verder te verbeteren. Daarnaast heb ik ervaring met het leiden van organisaties in transitie. Hoe krijg je een bedrijf in beweging en hoe inspireer je je mensen om de benodigde wijzigingen door te voeren?’

Waarom besloot Bain Capital in 2018 te investeren in Bugaboo?

Van der Wiel: ‘We investeerden al eerder in een groot aantal founder led-bedrijven. Vaak weten de oprichters een prachtig bedrijf op te bouwen, maar voor verdere groei kunnen zij op enig moment wel een investeerder gebruiken. Bij Bugaboo was dat ook het geval. Er liggen nog volop kansen voor het bedrijf. Bugaboo heeft een goed product, een sterke innovatiecultuur en enorm betrokken medewerkers. Er is een grote groeiambitie, daarbij kan Bain Capital veel betekenen.’

Hoe gaat Bugaboo de groeiambities waarmaken?

Thierry: ‘We hebben tijdens de pandemie de strategie en de organisatiestructuur drastisch herzien. De drie toekomstige pijlers zijn diversifiëring, internationalisering en digitalisering, met veel verantwoordelijkheid voor de regio’s. Het is allereerst onze ambitie om naast de kinderwagen meer producten op de markt te brengen. Zo hebben we al autostoeltjes en kinderbedjes gelanceerd. Ook zullen we, zonder Europa uit het oog te verliezen, steviger inzetten op Azië. Daar groeien we nu ook al: in Zuid-Korea zijn we marktleider in het luxesegment. Maar we zullen ook fors investeren in digitalisering. We willen op alle momenten van de customer journey relevant zijn. Door de pandemie is er online al veel verbeterd, maar er zijn nog grote slagen te maken. Daarnaast blijven we innoveren. Sinds 1 februari hebben we een nieuwe chief product officer, Youn Lee. Hij volgt in feite oprichter Max Barenbrug op en zal een nieuwe generatie producten gaan vormgeven.’

Hoe ziet samenwerking met Bain Capital eruit?

Van der Wiel: ’Bain Capital gelooft in intensieve samenwerking met bedrijven. Dat vormt een belangrijk uitgangspunt bij de vraag of en hoe we willen investeren. De focus ligt op industrieën en transities waarvan we veel kennis hebben. Op die manier bieden we partners toegevoegde waarde op voor hen soms lastige thema’s, zoals digitalisering, groei-acceleratie door internationale expansie en innovatie van het businessmodel. Wij zijn gespecialiseerd in complexe transformaties, waar een sterke strategische positie is om op voort te bouwen – zoals bij Bugaboo het merk, product en de cultuur – maar waar verder veel verandering vereist is.

Voor organisaties kan een transformatie veel onzekerheid brengen, de druk is vaak hoog. Managementteams waarderen deze samenwerking en echte hulp op concrete thema’s. Er is een gezamenlijke langetermijnvisie. Als investeerder hebben we de intentie en de daadkracht om echt betere bedrijven te bouwen, met een duidelijke strategie, de sterkste teams in hun industrie en operationele discipline. Bain Capital brengt veel bedrijven naar de beurs die vervolgens goed presteren, ook nadat wij ons teruggetrokken hebben. Publieke investeerders participeren dus graag als wij verkopen, omdat wij echt een verbeterd bedrijf hebben neergezet. In onze samenwerking kiezen we er bewust voor om bestuurders persoonlijk te begeleiden, dus niet volgens de traditionele benadering via de board. Ik heb daarom regelmatig contact met Adriaan. Bugaboo heeft het onder zijn leiding erg goed gedaan. Ondanks de pandemie en de schokeffecten op de verkoop in de eerste golf, groeide in 2020 zowel de omzet als de winst.’

Hoe ervaart u de samenwerking met Bain Capital?

Thierry: ’Er bestaan veel vooroordelen over private equity- investeerders. Mijn ervaring met Bain Capital is echter positief, ik kan me geen betere aandeelhouder wensen. Het bedrijf is niet uit op kortetermijnwinst, het draait juist om waardecreatie. Daarnaast hebben we toegang tot eersteklas kennis binnen de wereldwijde organisatie. Ons managementteam werkt nauw samen met diverse experts. We kunnen rekenen op support bij IT-projecten, het optimaliseren van processen of het aantrekken van talent. Dat biedt, zeker in de fase waarin wij zitten, veel voordelen.

Ook prettig: er is veel vertrouwen vanuit Bain Capital. Tijdens de eerste maanden van de pandemie is er geen paniekvoetbal gespeeld. Natuurlijk is er aanvankelijk kritisch naar de financiële positie gekeken, maar er was al snel ruimte om te investeren. Ik ben trots dat we 2020 met significante groei van de winst hebben afgesloten.’

Hoe belangrijk is duurzaamheid voor Bugaboo en hoe passen ESG-doelstellingen in de samenwerking met Bain Capital als private equity-investeerder?

Thierry: ’Duurzaamheid zit van oudsher in ons DNA. Allereerst omdat de klant dat verlangt. Die wil het liefst een kinderwagen die lang meegaat. De Bugaboo behoudt ook zijn waarde. Kijk maar op verkoopplatforms als marktplaats.nl of eBay.nl om te zien hoeveel een tweedehands Bugaboo nog opbrengt. We zorgen ervoor dat reparaties mogelijk zijn en dat reserve-onderdelen kunnen worden besteld.

Maar we willen het thema duurzaamheid nog verder brengen. Afgelopen zomer formuleerden we onze nieuwe strategie. De ESG-criteria komen daarin nadrukkelijker naar voren. Ik zie totaal geen spanning met de belangen van private equity- investeerders. Onze huidige en toekomstige investeerders vinden het een belangrijk thema. We voeren voortdurend discussies met Bain Capital hoe we verder kunnen verduurzamen. Op diverse vlakken doen we het goed, maar er zijn ook nog kansen.’

Hoe laat Bain Capital duurzaamheid meewegen in investeringsbesluiten?

Van der Wiel: ‘Laat ik beginnen met het wegnemen van een misvatting: we investeren niet alleen kapitaal van Bain Capital zelf. Het grootste deel is afkomstig van onze klanten, die duurzaam investeren ook hoog op de agenda hebben staan. Met die middelen kopen we bedrijven. Verder realiseren wij ons dat we grote impact kunnen maken met onze investeringen en de transformaties die we mede doorvoeren, aangezien wij veel bedrijven in ons portfolio hebben met een groot bereik en duizenden werknemers. Daarbij voelen we een sterke drang to do the right thing. We willen goed zorgen voor de medewerkers van onze portfolio-bedrijven, maar we voelen die zorgplicht ook richting de maatschappij. Het is bemoedigend dat alle spelers in het veld – consumenten, investeerders, medewerkers, bestuurders – overtuigd zijn van de noodzaak om te verduurzamen.’

Met het oog op de pandemie: is het ingewikkeld om te investeren zonder mensen fysiek te ontmoeten?

Van der Wiel: ’Ja, dat is best moeilijk. In de private equity-industrie gaat het om een gelimiteerd aantal, maar erg belangrijke beslissingen. Die worden genomen nadat we ons intensief hebben laten informeren en nadat we diepgravende analyses hebben gemaakt. Maar er speelt uiteindelijk ook altijd een menselijke component mee. Het moet immers van beide kanten goed voelen. Als je elkaar niet in de ogen kunt kijken vereist dat wel wat aanpassingsvermogen.

Ik heb het afgelopen jaar drie ceo’s en cfo’s aangenomen, waarvan ik een aantal nooit heb ontmoet. Daarnaast was ik dit jaar bij twee grote industriële investeringen betrokken, die nagenoeg volledig virtueel zijn afgerond. Het gemis van fysiek contact is echter het grootst bij nieuwe collega’s. We zijn een bedrijf dat zwaar leunt op jarenlange coachingtrajecten. Nieuwe medewerkers doen ervaring op door mee te kijken met collega’s. Dat is veel moeilijker via videoconferencing.’

Hoe was het om in deze coronatijd als ceo te beginnen?

Thierry: ‘Ik was net begonnen toen de pandemie uitbrak. Ik heb de managing directors van onze internationale markten via videobellen leren kennen. Dat viel niet tegen. Ik heb het gevoel dat ik zowel de markt als de mensen goed ken. Binnen het bedrijf plannen we veel gezamenlijke meetings. Het voelt als overcommuniceren, maar medewerkers vinden het prettig. Tijdens het noodgedwongen thuiswerken steunen we collega’s mentaal, maar ook financieel als dat nodig is.’

Wat heeft Bain Capital tijdens deze coronacrisis geleerd van de 20 bedrijven in het portfolio?

Van der Wiel: ‘Het heeft ons verrast hoe snel bedrijven met een sterke marktpositie zich herstelden. Een groot aantal bedrijven met sterke posities, zoals Bugaboo, groeide vanaf half mei 2020 zelfs sterker dan voor de lockdown, terwijl iedereen in maart en april hard geraakt werd. De grootste les: met een goed product en een loyale klantenkring ben je veerkrachtig tijdens crises en kun je zelfs je positie versterken als je zorgt dat je in moeilijke tijden ook klanten blijft bedienen. Het herstel is tevens te danken geweest aan sterke leiders: het was een tijd waarin sommige managers echt boven zichzelf uitstegen.’

Als de NVP met politici praat, geven we aan dat participatiemaatschappijen door de combinatie van kapitaal, kennis en netwerk bij uitstek goed geëquipeerd zijn om bedrijven door uitdagende periodes te helpen. Ook nu, bij het herstel van de economie, kunnen participatiemaatschappijen deel van de oplossing zijn. Hoe denkt Bain Capital daarover?

Van der Wiel: ’Private equity is een geschikt model gebleken om bedrijven door deze onzekere economische periode te helpen. Omdat we echt een langetermijnvisie hebben, kijken we door een crisis heen. In deze pandemie hebben we bedrijven terzijde gestaan die kampten met moeilijkheden. Mede dankzij onze support en geduld zijn we er met onze partners in geslaagd sterker uit de crisis te komen.

Ter onderbouwing: een jaar na corona is het vooruitzicht van waarde van de bedrijven in ons Europese portfolio nagenoeg onveranderd gebleven. Het jaar 2021 wordt interessant gezien het sterke herstelpotentieel van de bestedingen, vooral in de Verenigde Staten. Verder heeft de pandemie duidelijk gemaakt welke bedrijven een sterke marktpositie hebben. Dat geeft nieuwe kansen en een heel interessante set data voor bedrijvenbouwers zoals Bain om nieuwe partners te vinden.’

Dit artikel is gepubliceerd in Management Scope 04 2021.