Intellectual Property, AKD The Netherlands updates


Contributed by AKD The Netherlands
Not all alterations of architectural works result in infringements of moral rights
  • Netherlands
  • 29 April 2019

The Supreme Court recently issued a long-awaited decision on an architect's moral rights of paternity and integrity. In recent years, several Dutch judgments have considered whether architects can oppose changes to their original building designs. The Supreme Court's decision further clarifies that it is difficult for architects to do so where the changes are necessary to alter a building's function.

Assessing the real risk of market partitioning and the burden of proof
  • Netherlands
  • 15 February 2016

A recent interlocutory judgment on assessing the real risk of market partitioning in an unauthorised parallel import case examined the rationale for reversing the burden of proof and whether the risk of partitioning assessment should take place retroactively or not. Rights holders will welcome the judgment because of the high standard it sets for what evidence qualifies as proof of a real risk of market partitioning.

Communication to the public: how much involvement is required?
  • Netherlands
  • 14 December 2015

The Supreme Court has referred another question to the European Court of Justice regarding 'communication to the public' as defined by the EU Infosoc Directive. The referral concerns a dispute between anti-piracy association the BREIN Foundation and two internet service providers hosting the notorious online index of digital content, The Pirate Bay.

Hyperlinks and copyright: courts seek ECJ guidance
  • Netherlands
  • 16 November 2015

The relationship between hyperlinking and copyright has been the subject of various court judgments. The outcome of such cases depends on the accessibility of the content, whether the content was uploaded lawfully, whether the link qualifies as a communication to the public and whether the rights holder's permission was obtained. Dutch courts recently made two new references to the European Court of Justice on this issue.

Copyright Contract Law comes into force
  • Netherlands
  • 03 August 2015

The new Copyright Contract Law was recently inserted into the Copyright Act 1912. The amendment aims to strengthen the position of authors, particularly in relation to parties which exploit their works (eg, publishers, film producers and record companies). The new law requires a signed deed in relation to exclusive licences, as well as introducing a section on exploitation contracts into the act.

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