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1. Some Questions And Answers On Intellectual Property
Can I use other people’s texts, music or photographs?
You are able to license other people's writings, music, and photos as
long as they come from a valid source. You must use the copies on
your own devices. However, it is not legal to spread or publish such
copies.
Private copy levy
For example, you are allowed to make a copy of a CD or DVD as long
as it is just for your own private use. Manufacturers and exporters are
charged on these personal copies through a separate private copy
charge. Customers spend for this tax in the selling value.
The writers/authors, performers, and producers are the main
beneficiaries of the private copy charge.
Downloading from unknown sources is not permitted
Downloading information from unauthorised sources that is copyright
marked is unlawful. Even if a work is downloaded just for personal
usage, this still holds true. The most of unlawful sources are websites.
The private copy levy does not apply to copies made from unlawful
sources because doing so is against by the law.
copying protections

2. It is lawful for authors to add copy protection to their works. This type
of security prevents people from copying things like CDs and DVDs. It
is prohibited to copy something that is secured in this way, not even
for private use.
The copying of computer programs
Computer software that is copyright secured, such as software and
games, is not subject to the laws controlling private copies. Basically
copying a computer programme is prohibited, according to this.
Does your pc employ a duplicate of a software programme? This is
acceptable as long as you paid for the original programme or got it in
another legal way. The activity in this case has been approved.
Making a backup copy is also legal.
Open source software
Software that has open accessibility to its source code is considered
to as open source software. The source code is open for everyone to
view and edit. If the source code is available via the internet or when
you buy the software, you can get it.
The majority of commercial software is private (closed source) and
covered by copyright laws. The user and other parties are not allowed
to make any changes because the source code is not made public.

3. How can I apply for a patent?
The Netherlands Patent Office should receive your application if you
want to patent a technique, an invention, or a product. A patent is also
known as an "octrooi" in Dutch. Your innovation, product, or technique
will be secured by a patent for a maximum of 20 years.
Application for a patent
The Netherlands Patent Office, a department of the Netherlands
Enterprise Agency, is where you can submit your application (RVO.nl).
You can apply in either English or Dutch. If you decide later to apply
for a European patent or another patent for which the process is in
English, applying in English can save you translation charges. The
conclusions, therefore, must be written in Dutch.
Cost of patent application
A patent application includes a fee. There is a one-time application fee
in the Netherlands: €80 for online applications and €120 for written
applications. Secondly, you must pay for a required uniqueness
search. An worldwide search costs €794 while a national search costs
€100.
If you want to renew the patent after the fourth year, you must pay a
charge as well. Each year, the charge gets higher.

4. Before submitting a patent application, carefully examine how you will
recover the expenditures. The cost of a patent primarily depends on
how many nations it is granted to and how long you want it to be valid
for.
Patents apply for a maximum of 20 years
Your creation is secured by a patent for up to 20 years. During this
time, competitors are not allowed to use the invention for profit or to
copy it. You now have the opportunity to reclaim the money you spent
on its development. The government supports businesses to keep
innovating by applying for a patent.
European or unitary patent
You have a number of options when requesting a patent in another
European nation:
​ A European patent
If you have a European patent, you can select the nations where
you want to register it. A total of 38 nations, including the EU
member states, Turkey, Norway, and Switzerland, permit you to
do this.
​ A unitary patent (from late 2017)
In the case of a single patent, the Netherlands and the majority
of other EU nations only require one patent. However, Spain and
Croatia will still require personal patents.
What is the private copy levy?

5. The private copy levy helps pay for the losses writers and artists suffer
as a result of other people making copies of their music and films for
their personal use. The payment is made through a fee on blank CDs,
DVDs, and other electronic devices with storage capacity.
When is an artist eligible for resale right
protection?
Artists with resell rights are eligible to a part of the proceeds from the
selling of their works. The artist receives a portion of the sale price in
the form of a resell profit each time an art market expert sells one of
their works. The payment will vary depending on how much the art is
sold for, although it cannot go above €12,000..
Conditions of eligibility for resale royalties
Not every sale of an artwork involves the payment of resale royalties.
The conditions are essential:
A painting or sculpture are examples of original works in the graphic or
visual arts that may be sold.
The buyer, seller, or broker must be an expert in the art market.
At least €3,000 must be paid in the sale.
On the website of the copyright organisation Pictoright, you can find a
summary of all the terms associated with resale royalties.

6. Duration of resale right
Your right to resell cannot be given to another person. Your surviving
family members or other heirs may receive the resale right in the
event of your death. The resale right of an artist expires 70 years after
death.
No resale royalties
If an artwork is rented, borrowed, traded, or donated, no resale
royalties are collected. Reselling royalties are also not due on sales
made to private parties.
When is my company or organisation
required to pay reproduction fees?
Copyright protections are in place for publications including books,
newspapers, and periodicals. The law establishes a reproduction fee
on businesses, governments, and educational institutions that create
copies of certain publications. The Reprographic Reproduction Rights
Foundation receives a set annual charge in exchange for this service.
Copyright on publications
Making physical or digital copies of publications is legal for businesses
and organisations to do. For internal usage, this could appear as
prints, emails, scans, or photocopies.

7. The authors, photographers, and publishers who create these
publications are entitled to damages. The Reprographic Reproduction
Rights Foundation helps ensure that authors and publishers are paid
when a business or organisation copies a copyrighted work.
Payment of reproduction fees
The Reprographic Reproduction Rights Foundation charges all
businesses and organisations for reproduction costs. The foundation
then divides the funds to owners of copyright each year.
No reproduction fees payable in some cases
​ The following situations do not require payment of reproduction
fees: when an employee produces a copy for personal use;
when it has been agreed that the reproduction charge will be
paid directly to the creator of a work; where the creator has
surrendered their rights to a reproduction fee.
How can I protect my intellectual property
rights?
Law establishes the rights of intellectual property owners. You should
take action to stop someone from violating your rights to a protected
concept or design if they do.
Infringements of intellectual property rights (IPRs)

8. The courts can determine if your IPRs have been violated if you learn
that someone else is using (or has used) your innovation without your
permission, i.e. without a patent licence.
Taking steps to curb infringements of intellectual
property rights
You should take action to stop someone from violating your intellectual
property rights if they do so. You might start by getting in touch with
the person personally and attempting an acceptable compromise.
You'll need to take the matter to court if these efforts are unsuccessful.
For instance, in interim injunction proceedings, you can ask the court
to prohibit the infringement (kort geding). Or you can request that the
stolen products be destroyed or recalled. A portion of the profits or
access to data on the buyers are two other options.
Enforcement of intellectual property rights
​ IPR owners may use civil court actions to enforce their rights.
For example, the Dutch Code of Civil Procedure and EU
Directive 2004/48/EC on the protection of intellectual property
rights both have rules to this purpose. Regulations for IPR
enforcement are outlined in the statute. Establishing temporary
order procedures, requesting the attachment or sale of items, or
requesting the garnishment of income are all options.
Customs checks and IPRs
Do you think that your intellectual property rights are being violated
outside of the EU or the Netherlands' external borders? If so, you can

9. request that the customs office take appropriate action. Only if the
products are under the customs administration's observation or control
is this possible.
The customs administration may refuse to permit the products to cross
the border even if it grants your request and finds them during a
check. The opportunity to determine if your rights are being violated
will then present itself. If so, you can do anything to stop this violation.
Enforcement of IPRs under criminal law
In the Netherlands, civil law is generally used to resolve disputes
between parties. Criminal law is only used as a last resort for
enforcement. IPRs may be enforced under criminal law, for example, if
there is a public health danger, there is widespread piracy and
counterfeiting, or there is evidence that criminal organisations are
involved.
Public Prosecution Service and Financial Information and
Investigation Service are in charge of carrying out the criminal law's
regulation (FIOD).
How do I apply for a European patent?
You can submit an application to the European Patent Office (EPO) for
a European patent to protect your innovative product or procedure

10. within the European Union (EU). Actually, a European patent is a
collection of individual country patents.
Applying for a patent in individual EU countries
You can list the nations in which you wish your invention to be
protected when requesting a European patent. On the website of the
Netherlands Enterprise Agency, you may find further details about
submitting a patent application in EU nations (RVO.nl).
Unitary patent: one procedure for almost EU-wide
protection
The "universal impact" option is available when requesting a
European patent. As a result, you won't need to specify which nations
you want a patent to be protected in. There will only be a requirement
for separate patents in Croatia and Spain. On the EPO website, you
may learn more about unitary patents.
Unitary patent costs less
Currently, it might cost at least €20,000 to submit a patent application
in each individual EU nation. Less money—roughly €6,000—will be
required to apply for a unitary patent. This will be possible in part
because the application process will be streamlined. You won't need
to create the unitary patent in many languages. The only required
languages are English, French, or German.
You won't even need to think about the various laws in other nations.
Businesses will have less administrative work to do as a result.

11. Unified Patent Court
There will be a big main Uniform Patent Court in the EU after the
universal patent is adopted. With parts in Munich and London, it will
have Paris as its work place. The participating nations may also create
regional divisions. In the Netherlands, the regional office will be in The
Hague.
Cases involving unitary patents and "typical" European patents will be
heard by the Unified Patent Court. In order to defend your patent, you
won't need to file legal actions in each of the several national courts
anymore.
What are the criteria for patenting my
invention?
With a patent, you can protect your creation. You can use a patent to
stop someone from stealing, selling, or importing your idea.
What is a patent?
A patent is the sole intellectual property right to an invention of a
technological product or procedure.

12. Protection of an invention
Patents give ideas protection. A patent prevents others from making,
using, reselling, renting out, supplying, importing, stocking, or offering
your idea to someone else.
2,500 to 3,000 applications are submitted to the Netherlands Patent
Office annually. Patented inventions include things like the
multipurpose stroller with adjustable angles, the Senz stormproof
umbrella, the Senseo coffeemaker, the clap skate, and Dutch
crispbreads (beschuit) with indentations.
Patent applications: the three criteria
Three conditions must be met by patent applications:
​ Novelty
This means that previous to the date of the application, your
innovation must not have been revealed to the public, not even
by yourself.
​ Inventive step
You must therefore come up with a creative solution for your
product or method. A manufacturer would not be able to come
up with a solution on their own. Consider an alternative
attachment strategy as an example. Swing tube connections
could be put instead of bonded. It's possible that this represents
a new way to make swings. It is, however, too simple of a fix for

13. it to be considered a creative move for someone involved in their
production.
​ Industrial applicability
This requirement suggests that the new invention must be able
to be produced in reality. In other words, a new playing card that
is more manageable than current cards can be patented. A new
card game, however, cannot be the subject of a patent.
​ The Patents Act of 1995 outlines these guidelines.
​
Patents Database
The invention will be made available to the public in the patent
databases and registers if the Netherlands Patent Office issues the
patent. These can be used by businesses to check for existing patents
on technologies they seek to create. Additionally, they are able to
identify which of their rivals are presently engaged in the study and
development of a specific technology.
Patent outside the Netherlands
National rights include patents. You might also want to submit an
application for a patent that is applicable in Europe or the entire world.
Applying for patent protection in the EU with a single
application

14. In the Netherlands and the rest of the EU, a single patent will be valid
starting in 2017. Separate patents will only be necessary for Spain
and Croatia after this "unitary patent" becomes effective.
Getting a patent revoked
A patent can be cancelled if someone feels that your invention does
not match the requirements for one. The Hague district court will hear
these cases. If your patent does, in fact, meet the requirements, this
court must decide whether to cancel it or maintain it.
Patent licence for the use of an invention
The ability to create, sell, or use your patented product or procedure is
lawful. By issuing a patent licence, patent owners can provide such
rights.