Intellectual property, copyright, trademark law

Created17 juni 2025

Updated21 juni 2025

bySabine Imdahl

Whether you are an artist, designer, developer or entrepreneur, your creations have value. In the Netherlands, those creations are protected by intellectual property law (intellectueel eigendomsrecht). This area of law covers copyright, trademarks, patents, design rights and several other rights.

In this article, you will learn how intellectual property law works in the Netherlands. We focus on copyright and trademark protection, while also giving an overview of other rights that may apply to your work, brand or invention.

What is intellectual property?

If you have created something – for example a book, an invention, or a design – the result is considered your intellectual property. This means that you hold legal rights over the work. Others may not use, publish or sell it without your permission.

Depending on the type of work, different intellectual property rights (intellectuele-eigendomsrechten) may apply. Some rights arise automatically. Others require registration with a public authority.

Types of intellectual property rights in the Netherlands

The Netherlands recognises the following main types of intellectual property rights:

Copyright (auteursrecht) [1]

Copyright protects original literary, artistic and scientific works. This includes, for example, books, music, films, software and photographs. Importantly, copyright arises automatically when the work is created – no registration is required.

It is governed by the Dutch Copyright Act (Auteurswet).

Related rights (naburige rechten) [2]

These rights protect the performances and efforts of artists, musicians, producers and broadcasters. Just like copyright, they arise automatically.

Related rights are governed by the Neighbouring Rights Act (Wet op de naburige rechten).

Trademark law (merkenrecht)

Trademark law protects distinctive signs used in commerce – such as brand names, logos, slogans or product shapes. Unlike copyright, trademarks must be registered before you can rely on legal protection.

Registration grants the exclusive right to use the mark for the goods or services it is registered for.

Patent law (octrooirecht or patentrecht)

Patent law protects technical inventions, such as new products or processes. To gain protection, you must apply for a patent and meet specific legal requirements.

Once granted, a patent gives the inventor exclusive rights to make, use or sell the invention for a set period (typically up to 20 years).

Design rights (tekeningen- en modellenrecht)

These rights protect the outward appearance of a product – for example, furniture, packaging or graphic patterns. In order to qualify for protection, a design must be new and must be registered.

Design protection helps prevent others from copying the look of your product.

Database rights (databankenrecht) [3]

Database rights apply when a substantial investment has been made to compile and structure a database. Examples include statistical databases, catalogues or online data platforms.

These rights are governed by the Databases Act (Databankenwet).

Trade name rights (handelsnaamrecht) [4]

Trade name rights protect the name under which a business operates. These rights arise automatically once you start using the name in commercial activities.

They are regulated by the Trade Names Act (Handelsnaamwet).

Plant breeders’ rights (kwekersrecht)

This type of protection applies to new plant varieties developed through breeding. The right must be granted by the Board for Plant Varieties (Raad voor Plantenrassen), following official examination.

It gives the breeder exclusive control over the production and sale of the new plant variety.

Semiconductor topography rights (chipsrecht)

These rights protect the design and layout of microchips and electronic circuits. In the Netherlands, they must be registered with the Netherlands Patent Office to become effective.

Copyright law in the Netherlands

Copyright (auteursrecht) protects original works of literature, art, science or software. This includes books, paintings, songs, films, games, and even drawings made at home. You do not need to register a work – protection starts automatically once the work is created.

The right to control how your work is used

The right to be recognised as the author

The right to grant or refuse permission for use

The right to claim damages if someone uses your work unlawfully

The duration of copyright is usually 70 years after the death of the creator [5].

Trademark law in the Netherlands

Trademark law (merkenrecht) gives you the right to protect your brand identity. You can register your trademark to prevent others from using similar names or designs that may confuse customers.

There are several ways to register:

BOIP (Benelux Office for Intellectual Property) – for protection in the Netherlands, Belgium and Luxembourg [6]
EUIPO (European Union Intellectual Property Office) – for EU-wide protection [7]
Madrid Protocol – for international trademark registration [8]

A registered trademark gives you the exclusive right to use the sign for the goods or services it is registered for. It helps prevent others from using similar signs that could mislead or confuse customers.

Trademark protection lasts for 10 years and can be renewed indefinitely. Registration is essential for enforcement, especially in commercial disputes over brand identity or product confusion.

Patent law in the Netherlands

Patent law (octrooirecht or patentrecht) protects technical inventions – such as a new product, process or device. A patent gives the inventor the exclusive right to prevent others from making, using, selling or importing the invention for a maximum of 20 years.

In the Netherlands, patents are handled by the Netherlands Patent Office (Octrooicentrum Nederland), part of the Netherlands Enterprise Agency (Rijksdienst voor Ondernemend Nederland – RVO) [9] .

To qualify for patent protection, your invention must:

Be new
Involve an inventive step
Be capable of industrial application

Keep in mind: You must not disclose your invention before filing, as novelty is a legal requirement.

What can be protected?

To qualify for patent protection, your invention must meet several conditions:

It must be new – it must not be publicly known anywhere in the world

It must involve an inventive step

It must be industrially applicable

Because novelty is a key requirement, you must keep your invention confidential until your patent application is submitted.

Where to apply

There are several options, depending on where you want protection:

A national patent for the Netherlands via Octrooicentrum Nederland [10]

A European patent (bundled protection in selected European countries)

A unitary patent for automatic protection in 18 participating EU countries

An international patent application under the Patent Cooperation Treaty (PCT) – covering over 190 countries

What happens if someone copies your work?

If someone copies, uses or sells your work without your permission, this is known as infringement (inbreuk op intellectuele eigendomsrechten). This applies to all forms of protected IP.

You may try to resolve the matter directly – for example, if:

The person was unaware of the infringement and agrees to stop immediately

You agree on a settlement or compensation

If no agreement is reached – or if fast legal action is needed (e.g. to preserve evidence) – you can take the case to court. The type of legal procedure depends on what decision or remedy you are seeking and how urgent it is.

Enforcement and legal action

If your intellectual property is being infringed, you may:

Send a cease-and-desist letter (sommatiebrief)

Request an injunction (kort geding) to stop the use immediately

Claim damages in civil court

Ask for a court order to seize infringing goods

File for emergency measures if urgent

The Netherlands has a specialised intellectual property court in The Hague, which handles these cases [11]. Mediation is also an option in certain disputes.

Conclusion

The Netherlands offers strong legal protection for intellectual property – whether you are a creator, entrepreneur or brand owner. Copyright arises automatically upon creation, while trademarks, patents and designs require registration to be protected. Other specialised rights – such as related rights, database rights and plant breeders’ rights – may also apply, depending on the nature of your work.

However, intellectual property law is not one-size-fits-all. You must carefully consider which type of protection applies to your creation, which criteria need to be met, for which countries you want protection, and for how long. The procedures, conditions and costs can vary significantly depending on the type of right and the registration route you choose.

This article provides only a first overview. If you want to protect your work or enforce your rights, it is advisable to seek professional guidance to ensure that your intellectual property is properly secured – both legally and strategically.

Find legal professionals specializing in intellectual property law, copyright and trademark law

Disclaimer: The information provided on this website is for general informational purposes only and is not legally binding. Although we strive for accuracy, the content may contain errors. If you notice any mistakes, please let us know by contacting us via the contact form located at the bottom of the page.

Picture : Created by Sora/ ChatGPT

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