Of course, you can start by calling the person who infringes your intellectual property right to account for his or her actions. Can't you work it out together? Then you can take one of the following steps.
Petition
The quickest way to act on the infringement of your intellectual property right is to use the petition procedure: an urgent procedure in which the other party will not be heard. The judge will give a provisional opinion on the breach and, if it is urgent, will impose an injunction. You will then receive a final verdict after starting proceedings on the merits.
Interim injunction proceedings
Do you want to act quickly on the infringement of your intellectual property rights? Then an interim injunction procedure is the right procedure, in which a judge gives a preliminary opinion on the infringement. In interim injunction proceedings, the court can decide to prohibit the infringement, to make it obligatory to share information about the origin and distribution, to recall products, to make an advance payment on damages, to reverse the infringement and to reimburse other costs. After the interim injunction proceedings, you will receive a final verdict after starting the main proceedings.
Subdistrict court
For a claim for damages of 25,000 Euro or less, a subpoena procedure can be initiated before the subdistrict court.
Civil judge
Where you can only claim damages from the subdistrict court, of an amount of 25,000 Euros or less, you can ask the civil court for damages for an amount exceeding 25,000 Euros, an injunction against the infringement, payment of the profit, reimbursement of legal costs and a declaration of the infringement. This is the extensive procedure in the event of an infringement of intellectual property rights.
Foundation FotoAnoniem
When an individual or organization wants to use certain visual material, but cannot trace the copyright owner, no permission can be obtained for the use of the visual material, in combination with a possible payment of a fee. The help of Stichting FotoAnoniem (SFA) can be called in in the absence of data from the copyright owner of a photo. SFA regulates the right to use such photographs by means of a checklist, on the basis of which it is checked whether everything possible has been done to trace the author. If SFA also comes to the conclusion that this has been complied with, the individual or organisation that wishes to make use of the photograph may transfer the amount consisting of a reasonable rate as set out in the rate list plus 15 percent administration costs to SFA. If the copyright owner still notifies SFA, SFA may transfer the amount to him or her. SFA will regularly check the list of used visual material to prevent infringement of the copyright of the rightholder. SFA's list of rates can be found here (in Dutch). If a case involving an unknown copyright owner comes before the Subdistrict Court, the Subdistrict Court will also use SFA's rates list in order to calculate the extent of the damage. This appears from the case between Hollandse Hoogte v. Raak Totaaladvies, from 2019 (case number 7709395 CV EXPL 19-3884).
Contact
Do you have any questions about compensation in the event of an infringement of your intellectual property right? Are you curious about the best procedure to start? We will be happy to help you! Please contact Legal Q to see what we can do for you.