PRACTICE AREAS

Intellectual property

 

In the modern economy the intellectual capital is becoming more and more important. A lot of businesses are based on products of the mind. Companies such as Unilever, Endemol and Philips would not have been here today if it was not for intellectual property protection. The acquisition, management, licensing and enforcement of intellectual property rights is a strategic imperative that is essential to the success of all technology and emerging growth companies -- from start-ups to large publicly traded corporations.

 

On the same hand, the identification and protection of several different intellectual property rights can be complicated. Different forms of protection regulate different parts of the market: copyright law, law on neighbouring rights, database law, trademark law, designs and models law, patent law and plant variety law. When you are not certain what rights you have and how to use them, the specialists of SOLV can help you.

 

We partner with technology and emerging growth companies to develop and implement successful new business models and execute strategic intellectual property litigation to protect these businesses. We structure and negotiate technology transactions and consult on long term intellectual property strategies in order to most effectively leverage their intellectual assets.

 

Copyright law

Copyright is about the protection of works such as software, websites, formats and music. The possibilities to use and abuse copyright law are endless, especially in the digital age. That is why it is so important to know what is protected and how in practice copyright protection can be invoked. The SOLV attorneys take care of copyright licenses and assignments and take legal action to defend or dispute copyrights.

 

Neighbouring rights

Performing artists such as actors and musicians are not protected by copyright law, but have a so called neighbouring right. This field of law is similar to copyright law, but far less known, even among the performing artists themselves. It is common practice that actors and musicians give up their rights in contracts to record and production companies, without knowing the consequences. SOLV assists in judging and drafting such contracts to get the best out of it.

 

Database law

Database law is quite a young field of law. Only since 1998 we have a Database Statute implementing a European directive. The legislation protects certain collections of information. At this stage lawyers still do not fully agree about what a database is exactly and how far protection reaches. Is a newspaper a database? Does a search engine infringe database rights? SOLV advises and litigates about such questions.

 

Trademark law

Trademark law protects distinguishing marks. This is not limited to words and logo's, but colors and forms can also be registered as trademarks. There is a lot of uncertainty about the scope of trademark law. A big misunderstandig is that every use of a trademark is unlawful. SOLV knows the boundaries and possibilities of trademark law. SOLV is especially known for domainname disputes. We work together with various trademark agencies in order to file a trademark the right way.

 

Patent law

A patent grants inventors a temporary monopoly to exploit their inventions. In exchange, the details concerning the inventions have to be made public. Thus, patent law on the one hand encourages to make inventions; on the other hand it stimulates innovation in general, by enabling others to elaborate on existing - and therefore published - inventions. The patent portfolio is often one of the most valuable assets of a company.

 

Would you like to find out more about intellectual property law? Please contact Wanda van Kerkvoorden or Christiaan Alberdingk Thijm.

 

E-commerce & internet

 

The dotcom bubble might have burst, internet and e-commerce are still growing. The reason for this growth can be found in the development of new internet applications. The new technologies hit the centre of human interaction: communication. That used to be the case with the printing press and telephone, but never have developments succeeded so fast since the introduction of the internet and e-commerce. Who can live without e-mail?

 

The trust of consumers in the internet is growing. More and more people are buying online. 

 

The time has come for serious companies, with a constructive business plan, to go after the challenges internet and e-commerce brought up. Now that internet and e-commerce are growing faster than ever, internet companies are confronted with new legal issues. SOLV helps her clients to solve these issues.

 

We have gained our experience by working for trendsetting internet companies such as KaZaA, Marktplaats, Kranten.com and XS4ALL. We support start-ups in realising their business plan and we are the first to create customized solutions.

 

Would you like to know more? Please contact Wanda van Kerkvoorden or Menno Heerma van Voss.

 

Privacy

 

Privacy and the protection of personal data are hot issues in our information society. According to research bureau Forrester Research, almost 70% of consumers who buy online does not feel safe with giving personal data. Research of the American National Fraud Information Center shows that internet users are worried more about privacy than about health care, crime and taxes.

 

To support the trust of consumers, the European legislator has issued a number of directives that restrict the gathering and processing of data. On the one hand these regulations mean better protection, on the other hand they mean less possibilities for direct marketing. It is all in finding the right balance between privacy protection and the justified interests of direct marketeers.

 

SOLV assists her clients in finding that balance. We advise on complex links of personal files, international data traffic and possibilities for e-mail marketing.

 

Would you like to find out more? Please contact Wanda van Kerkvoorden.

 

Media and information law

 

Information is the 21st century gold. Economy used to be about trade in goods, nowadays information is highly valuable and subject to countless transactions a day. At the same time, we are swamped with information. Reuters research shows that online information and e-mail are considered the most important means to survive the "information overload".

 

Information law is the umbrella term for several legal fields on protection and use of information. Media law covers not only press and broadcasting regulation but also freedom of expression, for example.

 

Information law is moving continuously. The boundary between protection of information on the one hand and freedom of information has to be adjusted time after time. Does internet mean more freedom? Do the offline rules also apply in the online world? At SOLV we deal with these issues on a daily basis.

 

Would you like to find out more? Please contact Menno Heerma van Voss.

 

 

ICT

 

ICT is here to stay. Not only in our daily lives but also in our business dealings. ICT not only assists us in our communication and administrative processes, but becomes more and more a substitute for human actions. Human actions such as orderpicking, carrying out surgery and in the future perhaps even rendering judgments by using artificial intelligence. The increasing complexity of technology itself results in a growing complexity of legal ICT matters as well.

 

Disputes concerning the implementation of ICT projects generally find their origin in a gap between expectations. With regard to the functionality to be delivered, the supplier and the purchaser may not always be on the same wavelength. Problems like these may be prevented - or at least limited - by proper drafting of the underlying ICT contracts. Not only should the content be clear, the structure is equally important. By phasing projects, defining milestones as well as deliveries and introducing specific methods for consultation and decision making, extensive projects become manageable.

 

We are highly experienced in drafting and reviewing voluminous ICT contracts. We will not stick to the legal framework but tend to look further. We anticipate and we participate. In addition to this, we are skilled in drafting and reviewing of license, escrow and outsourcing agreements, SLA's and general terms and conditions, as well as conducting and advising on legal proceedings regarding ICT disputes.

 

Would you like to learn more about our ICT practice? Please contact Wanda van Kerkvoorden or Menno Weij.