Registering in a global market

“Twenty years ago markets were highly localised. We now operate in a global market. The clothing sector is especially vulnerable to copying. Someone takes a picture of your product and distributes it around the world in a flash via Internet. That is why registration is so important.”

What action should be taken in the event of a conflict?

The Benelux Office for Intellectual Property (BOIP) does not have any authority as regards infringements of design rights. It is up to the holder of the design right to take the appropriate action. In the end it is up to the court to judge whether an infringement has taken place. You should not forget that a demand for a claim must be entered in the BOIP register at the request of the claimant. However, this is no more than a reference to the fact that a demand has been submitted to a court.

In addition to the ceasing action (read more in the section ‘Why register?’) you can submit a demand to the court for, among other things, compensation and deduction of the profit (in the event of an infringement in bad faith) and require ownership of the infringing goods.

In the event of a conflict it is recommended that you appeal to a lawyer specialised in intellectual property or to a trademarks and designs attorney. As the independent and impartial administrator of the register, the BOIP is only allowed to provide information on all procedural aspects relating to the registration of your designs. However, we are unable and are not permitted to provide you with tailor-made advice. More information on this issue can be found here.