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Benelux Convention on Intellectual Property - International Law Office

International Law Office

Intellectual Property - Netherlands

Benelux Convention on Intellectual Property

July 25 2005

The Convention on Intellectual Property integrates the Benelux Trademark Act and the Benelux Design Act into one convention. The aim of the convention is to set out rules governing trademark and design rights in a systematic way. The convention also introduces a new organization to replace the existing Benelux Trademark Office and Benelux Designs Office.

Substantive trademark and design law will remain almost unchanged.

The convention is divided into the following titles:

  • Title 1: general and institutional provisions;

  • Title 2: trademarks;

  • Title 3: designs;

  • Title 4: provisions common to trademarks and designs;

  • Title 5: transitional provisions; and

  • Title 6: final provisions.

Title 1 is the part of the convention that will lead to the most substantial changes since it provides for the introduction of the new organization. The organization will consist of the following separate institutions:

  • the Benelux Office for Intellectual Property;

  • the Board of the Benelux Office for Intellectual Property; and

  • a Committee of Ministers.

Title 1 establishes the competences attributed to each institution and provides the organization with an international and independent status. The organization will be represented by the director general of the Benelux Office for Intellectual Property.

Titles 2 and 3 contain the substantive trademark and design law. Both chapters are constituted in the same way. After defining 'trademark' and 'design' respectively, the topics covered include the following:

  • deposit;

  • registration;

  • renewal;

  • right holders' rights;

  • cancellation;

  • invalidity;

  • transfer of rights; and

  • granting of licences.

The convention has been published in the Dutch Bulletin of Acts and Decrees (96/2005) and on the website of the Benelux Trademark Office (http://www.bmb-bbm.org). The effective date of the convention will be announced at a later stage.

For further information on this topic please contact Charles Gielen or Margreet Groenenboom at NautaDutilh by telephone (+31 20 717 1937) or by fax (+31 20 71 71 335) or by email (charles.gielen@nautadutilh.com or margreet.groenenboom@nautadutilh.com).

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