Icon Enforcement Best Practices

Title of initiative

Activities of the Netherlands Patent Office (‘Octrooicentrum’)

 

1. General presentation

1.1 Overview

The Netherlands Patent Office grants patents in the Netherlands and disseminates the knowledge derived from the patent literature. SMEs, entrepreneurs, inventors, technology institutes, scientists, teachers and students can visit the Office to obtain information. The Netherlands Patent Office is an agency of the Ministry of Economic Affairs.

The Netherlands Patent Office carries out the following activities focused on SMEs:

§ Information on patents, legislation and procedures

§ Patent granting

§ Workshops and presentations

§ Advisory interviews

§ Searches in international patent databases

§ Public information

§ Search reports

The Patent Office often cooperates with industry associations, the chamber of commerce and has advisors operating at a local level (within Syntens). The industries that show most interest are production industries, mechanical engineering, and civil engineering.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

National patent office - agency of the Ministry of Economic Affairs

2. Detailed Information

2.1 Start date

-

2.2 End date

-

2.3 Budget

-

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision

Dedicated Services:

Granting patents, international patent searches

Professional Advice:

Providing individual advice to customers

Training:

Workshops

International Liaison & Actions by Business Organisations

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other (specify):

3. Evaluation of Initiative

3.1 Overall appraisal

Technopolis appraisal: 4 (1 = very unsatisfactory , 5 = very successful)

 

The Netherlands Patent Office has increasingly invested in informing SMEs on IPR issues. The number of requests from SMEs has grown substantially in recent years. Also the awareness on IPR issues amongst SMEs has increased. On the topic of counterfeiting, more specifically, the Patent Office has contributed indirectly to improve awareness of the risks it encompasses.

4. Further Information

4.1 Document References

-

4.2 Web Site

http://www.octrooicentrum.nl/en/default.aspx

4.3 Contacts

 

H. Spoelstra

Account Manager, Netherlands Patent Office

Patentlaan 2

PO Box 5820

NL-2280 HV Rijswijk

Telephone +31 70 398 64 03

Fax: +31 70 39

h.spoelstra@octrooicentrum.nl

www.octrooicentrum.nl

4.4 Information Source

Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources”

Title of initiative

SNB-REACT: The Dutch Anti Counterfeiting Group (Stichting Namaakbestrijding)

1. General presentation

1.1 Overview

The Dutch Anti Counterfeiting Group - Stichting Namaakbestrijding - is a non-profit coalition created in April 1991 at the initiative of the Amsterdam Chamber of Commerce. In 2002, the current business association, SNB-REACT, was created as a merger between the Dutch Anti Counterfeiting Group and the Italian organisation REACT, founded in 1998 with support from the European Commission.

SNB-REACT aims at actively fighting the trade in counterfeiting in the most efficient and cost effective manner. To this end it provides a full package of legal and practical services. Joining SNB-REACT does not mean that the members have to make use of all services and participate in all activities. Members may pick and choose selectively the services that fit best to their companies' own anti-counterfeiting strategy.

General SNB-REACT Services:

§ Assistance with raids

§ Investigations

§ Identification of goods

§ Ongoing cooperation with customs and law-enforcement authorities

§ Legal assistance

§ Training seminars for investigators and authorities

§ Advice and experience

§ Lobbying to improve national regulations

§ Internet monitoring

In the Netherlands, SNB-REACT handles about 800-900 cases of counterfeiting (internationally over 4,000). SNB-REACT assists customs with storage and destruction of imitation products. SMEs’ problems with counterfeiting are often local, not international. Also, SMEs are not the main trade mark owners. In the Netherlands, about 5% of cases involve SMEs (max 50 cases).

The fixed annual fee is 1,400 for Dutch membership and 2,000 Euro for International membership; legal actions costs between 100 and 400 Euro per case which is less than 10% of the fees of commercial service providers. As individual services are relatively cheap SMEs can usually afford them.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

SNB-REACT (a cooperative non-profit association, managed by the rights owners)

2. Detailed Information

2.1 Start date

1991

2.2 End date

Ongoing

2.3 Budget

€ 1.6 million p.a. (organisation-wide, not just The Netherlands). Income from member fees and revenues from specific actions.

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision

Dedicated Services:

Investigations:

Internet monitoring

Professional Advice:

Legal assistance and advice

Training:

Organisation of seminars

International Liaison & Actions by Business Organisations:

Lobbying

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other (specify):

3. Evaluation of Initiative

3.1 Overall appraisal

Technopolis appraisal:

SNB-REACT is highly appreciated by its members. The organisation represents many important brands and is active in many countries. It has over 135 members and can be considered by far the largest provider of anti counterfeiting services in Europe. In case of counterfeiting, SNB-REACT is accessible for SMEs, since costs of services are relatively low.

4. Further Information

4.1 Document References

-

4.2 Web Site

http://www.snbreact.org/snb-react/EN/Hom_Home.htm

4.3 Contacts

 

Ronald Brohm

SNB-REACT Netherlands

Amstelveenseweg 864

1081 JM Amsterdam

TEL +31 (0)20-6406363

EMAIL rbrohm@snbreact.org

4.4 Information Source

Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources”

Title of initiative

Seminar and brochure on assertion of IP for SMEs

- handhaving Intellectuele Eigendomsrechten voor het MKB -

1. General presentation

1.1 Overview

On December 6th 2006 the Ministry of Economic Affairs - the department of Enterprise and Innovation - organised a seminar on assertion of IP for SMEs.

Globalisation has increased counterfeiting practices. This increases the need for good company strategies on protection and assertion of intellectual property rights. The seminar was organised to inform SMEs on the current laws, upcoming legal changes and measures taken at the Dutch borders.

The brochure discusses various sorts of right and legal frameworks to enforce these. The ministry foresees more activities to inform SMEs on IP issues.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

The Ministry of Economic Affairs, the department of Enterprise and Innovation

2. Detailed Information

2.1 Start date

December 2006

2.2 End date

-

2.3 Budget

 

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision:

IPR information brochure for SMEs

Dedicated Services

Investigations

Internet monitoring

Professional Advice

Training:

Organisation of seminars

International Liaison & Actions by Business Organisations

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other (specify): Not specified

3. Evaluation of Initiative

3.1 Overall appraisal

Technopolis appraisal:

 

N/A

4. Further Information

4.1 Document References

http://www.ez.nl/content.jsp?objectid=149789&rid=149035

4.2 Web Site

http://www.ez.nl/content.jsp?objectid=149035

4.3 Contacts

 

Angela van der Meer

a.a.m.vandermeer@minez.nl

Tel: +31 (0)70 379 7174

4.4 Information Source

Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources”

Innovaccess is a constituent part of the IP Awareness and Enforcement: Modular Based Actions for SMEs project (IPeuropAware) 
which is co-financed by the CIP Programme, DG Enterprise and Industry of the European Commission