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Country fiches: the Netherlands

The IP crime regulation in the Netherlands varies depending on the IP right. The criminal offence of counterfeiting is regulated in the Dutch Criminal Code. Criminal offences against other IP crimes are regulated in the specialised legislation. In the Netherlands, general provisions of criminal procedure apply to the investigation and prosecution of the intellectual property crimes. These crimes fall under the general rules of jurisdiction.

Verified in October 2022

National legislation

National legislation on intellectual property crimes

Copyright violations

Articles 31 to 35 of the Copyright Act
Articles 21 to 26 of the Neighboring Rights Act

Counterfeiting of trademark

Patent violations

Article 225-227 of the Penal Code
Article 79 of the Patent Act

Industrial design violations

Benelux Convention on Intellectual Property

Violations of geographical indications of origin

Benelux Convention on Intellectual Property

Violations of plant variety rights

Seeds and Planting Materials Act

Trade Secrets violations

Articles 272 and 273 of the Penal Code

National contacts

National contacts

Law Enforcement Agencies

The IP crimes’ investigation and prosecution fall under the competence of Fiscal Information and Investigation Service (FIOD). FIOD does not have exclusive jurisdiction over IP crimes. These crimes can also be investigated by the local investigation services. Usually, the complexity and the amount of seized goods determine which institution shall handle the investigation.

Fiscal Information and Investigation Service (FIOD)

+31 (088) 155 16 00

Postbus 19266, 3501 DG Utrecht

FIOD

Prosecution

The IP crimes’ investigation and prosecution fall under the competence of Public Prosecutor Offices. There are no specialised units responsible for IP crimes’ prosecution.

Public Prosecutor Offices

List of Public Prosecutor’s Offices and their contact details: Contact | Public Prosecution Service

Public Prosecution Service

Judiciary

There are no specialised courts on IP crimes. This type of crime fall under general court system.

The general courts are organised in a three-tier system:

  • District Courts;
  • Courts of Appeals;
  • Supreme Court.

Dutch Courts

List of Dutch courts and their contact details: Contact | Rechtspraak

De Rechtspraak

Judicial libraries

Judicial libraries

DE RECHTSPRAAK - THE JUDICIARY

This is a public and free database. Registration is not required.

De Rechtspraak

Selected judgments from:

  • District Courts (1st instance)
  • Courts of Appeal (2nd instance)
  • Council of State (2nd instance)
  • Central Board of Appeal (2nd instance)
  • Trade and Industry Appeals Tribunal (2nd instance)
  • Supreme Court (3rd instance).

Other available resources:

  • information about court case procedures and the organisation of the judiciary branch.
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