Copyright is a legal protection given to creators of certain types of intellectual property.

Inventors, designers, developers and authors can protect the ideas they have developed, for instance by means of copyright or patents. The aim is to prevent others from wrongly profiting from their creations or inventions. It also gives them an opportunity to earn back the money they invested in developing a product.

Types of intellectual property rights

The Netherlands has the following types of protection for intellectual property rights:

• Patents
  Patents protect an invention or a technical product or process. It is unlawful for others to make, use, resell, rent out, or supply the patented object or process. The patent holder may however give others permission to do so by granting a patent licence.
• Copyright
  Copyright protects works of literature, scholarship, science and art. These include books, films, paintings, music, games, photographs and software. Copyright is regulated by the Copyright Act. Copyright exists automatically, so there is no need to register or apply for it. Anyone who makes a drawing at their desk at home automatically owns the copyright to it.
• Neighbouring rights
  In addition to copyright, there are ‘neighbouring rights’, also known as ‘related rights’. These rights protect the work of performers, music and film producers, and broadcasting companies. This protection is closely related to that offered by copyright, which explains why they are called ‘neighbouring’ or ‘related’ rights. Like copyright, these rights arise automatically, as is laid down in the Neighbouring Rights Act.
• Trademarks
  Entrepreneurs can use a trademark to distinguish their products or services from other products and services. Trademark rights protect the names of products or services. They also protect a product’s logo and the design of its packaging. Entrepreneurs must register their trademark if they want to protect it.
• Design rights
  Design rights protect the appearance of two- or three-dimensional products. These include wallpaper patterns, textiles and the design of household items such as alarm clocks, toys and chairs. To obtain this form of protection, a design must first be registered. It must also be new.
• Database rights
  Databases consisting of collections of ordered data may be protected by database rights. This includes official publications on Overheid.nl and statistical data on the website of Statistics Netherlands (CBS). Building up such a database often requires a considerable investment of time and money. That is why the producers of databases are protected by the Databases (Legal Protection) Act.
• Tradename law
  Tradename law protects the name under which an enterprise does business. A tradename comes into being automatically, as soon as the enterprise starts operating. The owner does not have to register the tradename in the commercial register. The protection of trade names is regulated in the Tradenames Act.
• Plant breeders’ rights
  Plant breeders can invoke plant breeders’ rights to protect their new plant varieties. These new varieties frequently result from long and costly breeding processes. The Board for Plant Varieties is responsible for granting plant breeders’ rights in the Netherlands. First the Netherlands Inspection Service for Horticulture (also known as ‘Naktuinbouw’) conducts an investigation and inspection to determine whether an application is admissible. If the results are positive, the Board grants plant breeders’ rights to the applicant.
• Semiconductor topography rights
  Semiconductor topography rights protect the design of electronic circuits on computer chips (also known as the topography of semiconductor products). These rights protect circuits designed to perform specific functions. You can apply for semiconductor topography rights (chip rights) to the Netherlands Patent Office.

Copyright law protects the rights of creators in their works in fine arts, publishing, entertainment, and computer software. The laws protect the owner of the work if others copy, present, or display the owners work without permission.

Trademark law protects a word, phrase, symbol or design that is used by an entity to identify its product or service. Examples are Dunkin Donuts orange and pink sausage style lettering, Apple’s apple logo, and Adidas’ three stripes. Trademark owners can prevent others from using their marks, or marks which are confusingly similar so that consumers would not be able to identify the source. Federal and state laws govern trademarks but the Lanham Act is the primary source of trademark protection. These laws protect against infringement and dilution. Rights in trademarks are gained by being the first to use a trademark in commerce or being the first to register the mark with the United States Patent and Trademark Office.

Patent law grants protection for new inventions which can be products, processes or designs and provides a mechanism for protection of the invention.The patent law promotes the sharing of new developments with others to foster innovation. The patent owner has the right to protect others from producing, using, distributing or importing the protected item. Essentially the patent is a property right that can be licensed, sold, mortgaged or assigned.

Trade secrets are business practices, formulas, designs or processes used in a business, designed specifically to provide a competitive advantage to a business. These trade secrets would not be otherwise known to an “outsider” of the business. An example of this is the formula for Coca Cola. Trade secrets are protected without registration and appropriate steps should be taken by the owner to maintain confidentiality.

What do Intellectual Property lawyers do?

The three broadest segments of an intellectual property practice are counseling, protecting and enforcing. Client counseling centers around how best to protect the intellectual property that the client has or would like to develop. In trademark law, the lawyer will conduct searches on trademarks proposed by the client and counsel the client with respect to availability. In cases where a client has already invested time, energy and money, and a prior use in a similar industry is found, discussions with a client might include modifying or even abandoning the client’s mark. In the case of patent counseling, the lawyer must have a technical background in order to best understand the client’s patent and to assess its validity or likelihood of patent infringement.

Protection of intellectual property involves registering the trademark, patent or copyright to obtain the greatest rights available for the client’s asset. In the case of a trademark or patent, the process involves preparing and filing an application with the United States Patent and Trademark Office (PTO) and responding to actions issues by the PTO until the trademark is registered or patent issues.

Finally, enforcement of intellectual property involves protecting the owner of the intellectual property against infringing uses. This can lead to litigation in federal court.

Other components of practice may include licensing, due diligence in connection with mergers or acquisitions, and developing strategies for international and domestic intellectual property protection, Skills that are helpful for lawyers in the IP area are communication skills-both written and oral, negotiation skills, and business acumen. Intellectual property law frequently has domestic and international considerations.

What to do if you’re interested in pursuing a career in Intellectual Property Law

Georgetown Law Courses/Clinics

Intellectual Property Legislative Process Seminar
Intellectual Property in World Trade
Law of Advertising
Trademark Prosecution
Patent Prosecution and Enforcement Seminar
Advanced Copyright Law Seminar
Advanced Patent Law Seminar
Antitrust and Intellectual Property Seminar
Biotechnology and Patent Law Seminar
Computer Crime Seminar
Copyright Law: Advanced
Intellectual Property and Computer Software Seminar
Intellectual Property in World Trade
Intellectual Property Litigation: Pretrial Skills
Patent Trial Practice
Antitrust and Intellectual Property Seminar
Patent Licensing Seminar

Other courses may include general coursework in litigation, administrative and constitutional law and we refer you to the curriculum guide for further details.

Georgetown Law Student Groups

• Student Intellectual Property Law Association (SIPLA)

Relevant Bar Associations

• American Intellectual Property Law Association
• American Bar Association Section for Intellectual Property Lawyers
• Federal Bar Association, Intellectual Property Section
• District of Columbia Bar, Intellectual Property Section

Most state bar associations will also have an intellectual property section and a list is also maintained on the AIPLA website.

Where it’s Hot

Patent law is hot almost everywhere with a particularly strong market in California and DC where many boutique firms are located. Wherever there are large corporations centered on manufacturing, pharmaceutical development or any type of production and innovation, there will be an attendant need for legal patent support. Certain types of technical degrees are in stronger demand and these include electrical engineering, mechanical engineering, biotech engineering and computer engineering.

Helpful Intellectual Property Law Resources

• Law.Com IP Law and Business
• International Encyclopedia of Laws for Intellectual Property
• Hein Online Intellectual Property Law Collection
• BCG Attorney Search’s Guide to Intellectual Property Law – provides a good overview of the different types of intellectual property law practice
• World Intellectual Property Organization

Representative Employers/Opportunities

Government

• United States Patent and Trademark Office
• U.S. Copyright Office
• U.S. Court of Appeals for Federal Circuit
• U.S. Department of Justice, Computer Crime and Intellectual Property Section

Private Sector

• Chambers & Partners –Intellectual Property

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