Intellectual Property Law and Regulations (overview)
There is no single “IP law”. There are various exclusive rights or monopoly rights that together constitute IP law:
- trademark law
- design law
- copyright
- trade name law
- domain name law*
- database law
- neighbouring rights
- patent law
- plant breeders’ rights
- the right to topographies of semiconductors
In addition to the IP regulations, protection is provided by legal doctrines concerning:
- slavish imitation (Section 6:162 of the Dutch Civil Code)
- misleading statements (Section 6:194 of the Dutch Civil Code)
- ICT services in the information society (Art. 6:196 b, -c of the Dutch Civil Code)
- advertising law, unlawful comparative advertising (Art. 6:194a of the Dutch Civil Code; including in advertisements and internet marketing campaigns)
- designation of origin and geographical indication (with separate EU regulations)
- trade secrets (‘know-how’, e.g. recipes – Article 6:162 of the Dutch Civil Code, Article 22-2b TRIPS)
- slogans
- unfair commercial practices (UCP Directive).
Of course, there are many treaties on intellectual property. The oldest and still valid treaty is the Paris Convention of 1883, which has been amended several times. This also applies to the Berne Convention of 1886. The TRIPS Agreement (of the WTO) is more recent (1994) and is relevant worldwide.
* Domain legislation consists of European, national and international rules, as well as trade name law and trademark law.