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Intellectual Property

Law Firm in the Netherlands specialised in Intellectual Property

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.

"CMS effectively marries the complexity of IP Law with commercial considerations and advises effectively as a result."

The Legal 500 EMEA, 2023 (Patents)

"The firm was quick, efficient and the end product produced was highly effective and of a great quality."

The Legal 500 EMEA, 2022

"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 EMEA, 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
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01/06/2021
CMS Intellectual Property Global Brochure
The pandemic that will define 2020 has put many types of intellectual property in the spotlight – particularly, of course, in life sciences. Who will develop an effective vaccine or vaccines for Covid-19...

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18/01/2024
EP Case Law in Brief: Commercial success and inventive step
“Commercial success alone is not to be regarded as indicative of inventive step, but evidence of immediate commercial success when coupled with evidence of a long-felt want is of relevance provided...
21/11/2023
EP Case Law in Brief: Proof of common general knowledge
It is a common sight for a patent attorney – an EPO Examiner acknowledges that a claim is novel, but asserts a lack of inventive step over ‘D1’ in combination with ‘common general knowledge’...
07/11/2023
Description amendments at the EPO – the Appellant agrees with the need...
Description amendments bringing the content of the description in line with the allowed claims remain a controversial topic in the European practice. As reported previously, the Board of Appeal in T0056/21...
06/10/2023
The European Patent Office (EPO) ‘10-day rule’
By the Decision of the Administrative Council of 13 October 2022, a number of Rules of the Implementing Regulations to the European Patent Convention have been amended. These include Rule 126 (Notification...
28/09/2023
EP Case Law in Brief: Erroneous Disclosures
“Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and...
20/09/2023
CMS advises Bynder on the acquisition of EMRAYS
CMS has advised Bynder, the market-leading digital asset management (DAM) platform on its acquisition of EMRAYS, a specialist provider of AI search solutions for DAM. The CMS team was led by Roman Tarlavski...
15/08/2023
AI in healthcare inventions – technical or not technical?
SummaryRecent European Patent Office (EPO) Board of Appeal case T 1910/20 sits among a number of decisions regarding the discussion of what constitutes technical character in the field of healthcare...
28/07/2023
Description amendments at the EPO – uncertainty for not (too) much longer?...
Amending the description to conform with the claims remains a challenging element of European patent practice, particularly in view of the divergent case law in the subject, and varied approaches taken...
31/05/2023
UPC – the “Long-arm” jurisdiction
UPC Long-arm jurisdictionWith the UPC set to open its doors on 1 June 2023, just how far might its reach extend?Unless a European patent has been opted out of the UPC, the national courts and the UPC...
06/04/2023
G1/22 and G2/22 – Preliminary opinion of the Enlarged Board of Appeal
On 21 March 2023 the Enlarged Board of Appeal (EBA) issued a preliminary opinion in consolidated cases G1/22 and G2/22 (“pri­or­ity”), which provides some initial insight into the possible outcome of...
31/03/2023
Armchair inventions part 3: Decision on plausibility at the EPO (G2/21)
The issue of plausibility was previously referred to the Enlarged Board of Appeal (EBA), the highest judicial authority at the European Patent Office (EPO). Our article on the referral can be found here...
28/03/2023
European Parliament and Council ready to start negotiations on EU Data...
In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the...