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Intellectual Property

Netherlands

In today’s knowledge economy, a large part of the value of your business is based on intangible assets and goodwill. Your intellectual property plays a key role in obtaining a competitive advantage. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio. With 150 specialist lawyers in over 30 countries, we understand your business needs and have worked with some of the best-known brands, from banks to tech and media companies, pharmaceuticals and FMCG companies. This industry-specific approach can help you realise your commercial goals.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. Legal discussions might arise concerning trade names, advertisements, slavish imitation and unauthorized publications.

We focus on key sectors relevant to you such as lifesciences, automotive, machinery, manufacturing, consumer products, financial services and TMC. This means you get in-depth industry knowledge as well as legal expertise for the protection of your IP. If you are involved in a dispute - concerning infringement of a copyright for example - we can guide you through the litigation process.

Significant clients: UEFA, Pioneer, Syngenta, Diageo, Ogilvy.

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The team provides really excellent quality advice. They are available, to the point and understand what really is important for their clients.

The Legal 500 EMEA, 2021

Outstanding full service firm. Excellent knowledge of IE-rights and data protection

The Legal 500 EMEA, 2020

CMS has notable cross-border capabilities and utilises this expertise when handling IP-related cases where multi-jurisdictional infringement proceedings, EU-wide, FTO requests or product launches are concerned.

The Legal 500 EMEA, 2020

"The firm draws praise for the co-ordination of its international network."

Chambers Global, 2020

"CMS has a huge network and I can always trust to receive seamless and high-quality legal advice, regardless of borders."

Chambers Global, 2020

"The CMS team provides assistance on privacy, anti-competition, and data ownership issues."

The Legal 500, 2019

The team "provides excellent service and has branches and partners in different jurisdictions."

Chambers Europe, 2019

"Cross-border capabilities really add to the customer experience."

Chambers Global, 2019

"Prompt, friendly and personalised service, depth of knowledge and quick grasp of the issues."

Chambers Europe, 2018

"Outstanding knowledge of, and experience in, a wide range of IP matters."

The Legal 500, 2018
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June 2019
CMS In­tel­lec­tu­al Prop­erty Glob­al Bro­chure
In today’s know­ledge eco­nomy, a large part of the value of your busi­ness de­pends on in­tan­gible as­sets and good­will. Your in­tel­lec­tu­al prop­erty (IP) plays a key role in gain­ing and keep­ing your com­pet­it­ive...

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21 April 2021
Lego A/S v EUIPO: Lego re­tains design re­gis­tra­tion for its icon­ic Lego...
The Second Cham­ber of the Gen­er­al Court in Lego A/S v EUIPO (Case T-515/19) has an­nulled a de­cision of the EU In­tel­lec­tu­al Prop­erty Of­fice (“EUIPO”) to de­clare in­val­id the design of a Lego brick...
16/04/2021
Re­vised EU au­di­ovisu­al dir­ect­ive changes play­ing field for third-coun­try...
The main reg­u­lat­ory in­stru­ment for broad­cast­ing and video-on-de­mand ser­vices (VOD ser­vices) at the EU level is the re­cently re­vised Au­di­ovisu­al Me­dia Ser­vices Dir­ect­ive (AVMSD).The AVMSD re­lies on the...
16 April 2021
Re­vised EU au­di­ovisu­al dir­ect­ive changes play­ing field for third-coun­try...
The main reg­u­lat­ory in­stru­ment for broad­cast­ing and video-on-de­mand ser­vices (VOD ser­vices) at the EU level is the re­cently re­vised Au­di­ovisu­al Me­dia Ser­vices Dir­ect­ive (AVMSD). The AVMSD re­lies on the...
23 March 2021
The En­larged Board of the European Pat­ent Of­fice has giv­en a mo­ment­ous...
The En­larged Board of the European Pat­ent Of­fice heard or­al ar­gu­ments in Ju­ly 2020 con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion.  This rare event was video streamed to over 1600 pat­ent stake­hold­ers...
05 March 2021
New EPO Guidelines on an­ti­body claims provide fur­ther clar­ity for ap­plic­ants
In­tro­duc­tion The EPO has now pub­lished their re­vised Guidelines for Ex­am­in­a­tion 2021[1] which con­tain new sec­tions de­tail­ing EPO prac­tice in re­la­tion to an­ti­bod­ies for the first time, en­ter­ing in­to force...
24 February 2021
COV­ID and ViCo: EPO re­fer­ral to the En­larged Board of Ap­peal
In the last year, the COV­ID-19 pan­dem­ic has res­ul­ted in a large pro­por­tion of the leg­al sec­tor trans­ition­ing to a ‘work from home’ ar­range­ment, with meet­ings tak­ing place re­motely. Non-es­sen­tial travel...
17 February 2021
Com­puls­ory li­cens­ing in the Neth­er­lands
1. What is the defin­i­tion of com­puls­ory li­cens­ing? There is no spe­cif­ic leg­al defin­i­tion for com­puls­ory li­cens­ing un­der Dutch law. However, the Dutch Pat­ents Act 1995 con­tains a num­ber of re­quire­ments...
Comparable
16 February 2021
Fight­ing poor med­ic­a­tion ad­her­ence in the European Uni­on: The Grav­it­ate-Health...
Nowadays, European cit­izens can ob­tain a great amount of in­form­a­tion (on­line and off­line) about any medi­cine. However, this in­form­a­tion is in many cases un­re­li­able and dif­fi­cult to un­der­stand, en­cour­aging...
12 February 2021
‘It’s like milk but made for hu­mans’: Gen­er­al Court over­turns EUIPO’s re­fus­al...
On 20 Janu­ary 2021, the Gen­er­al Court (“GC”) handed down its judg­ment in the ap­peal brought by Oatly AB (“Oatly”) against the de­cision of the EU In­tel­lec­tu­al Prop­erty Of­fice (“EUIPO”) to re­fuse...
11 February 2021
New EPO Guidelines now pub­lished re­gard­ing amend­ing the de­scrip­tion: what’s...
In­tro­duc­tion In Oc­to­ber 2020, CMS pub­lished an art­icle ‘New EPO Guidelines ex­pec­ted re­gard­ing amend­ing a de­scrip­tion: what’s all the fuss about?’, which has been the cata­lyst for dis­cus­sion in the...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
01 December 2020
EPO pri­or­ity claim en­ti­tle­ment – the “same ap­plic­ants” ap­proach up­held
In a Press Com­mu­niqué dated 6 Novem­ber 2020, the EPO sum­mar­ises the Tech­nic­al Board of Ap­peal 3.3.08 writ­ten de­cision re­cently is­sued in case T 844/18 con­firm­ing the re­voc­a­tion of a pat­ent re­lated to...