Intellectual property, IT & Privacy

Clairfort’s lawyers help their clients to shape, procure, protect and market their products, services and innovations. All of this is done in close consultation with the client concerned and in a very practical manner.

They not only have a keen eye for the legal aspects, but also consider the strategic and practical implications. They explain what is or is not permitted, as well as sharing ideas on the approach to be taken. There is good reason why they have played the role of trusted advisors to their clients for many years. Clairfort has a great deal of experience in international business and has a global network of specialist lawyers. That’s why our lawyers are pleased to share ideas with any Dutch company that decides to cross the border, or any foreign company that wishes to enter the Dutch market.

Intellectual Property Law

Clairfort operates at the summit of the legal profession, specialising in intellectual property and representing both Dutch and international clients. A number of cases in which Clairfort has assisted its clients are listed below:

• the protection of products, services and innovations. Clairfort advises its clients on the action to be taken and helps them arrange for such protection. A case in point is the application for a trademark, design or patent. It does so together with specialist authorised representatives, such as patent attorneys or trademark agents;
• making arrangements with partners and freelancers. This can be essential when launching products on the market;
• taking action against counterfeits. Clairfort also represents clients that are accused of infringement;
• vesting intellectual property rights in a company, to ensure that those rights are out of range insofar as possible in the event of liability, but can nevertheless be exercised and enforced;
• the commercial exploitation (in the Netherlands or abroad) of products and services. This may consist of negotiating and drafting licensing, distribution, franchising and agency agreements, as well as general terms and conditions.

Privacy Law

European regulations have put privacy law on the map in one fell swoop. One of the main reasons for this is that the fines can be huge: as much as 5% of a company’s global turnover. Clairfort assists its clients with their practical compliance with the privacy regulations and, together with the business owner in question, assesses which specific rules they must consider in their sector. Clairfort can provide, for instance, privacy statements for websites and apps that specifically focus on your organisation. Clairfort can also provide you with advice on data processing, such as what data on customers or visitors may you collect and how those data must be protected. Our expertise also includes drawing up the relevant data processing agreements. More information can be found on our Privacy Law page.

Law of Advertising

Clairfort is also an expert in the law of advertising . It advises on, for instance:

• comparative advertising and the use of another party’s trademark or products in an advertisement;
• whether certain advertising is permitted;
• arrangements made with a designer or advertising agency;
• social media and online marketing; and
• codes and specific rules that may apply to specific product categories or services.

IT Law

Clairfort’s specialists have a thorough knowledge of the ins and outs of both offline and online assets. Clairfort assists in the negotiating and drafting of contracts for the development of software, apps and websites. It prevents disputes from occurring at a later stage, insofar as possible, by making sound arrangements regarding such development in advance. Clairfort’s litigation lawyers have experience in litigation on (successful and unsuccessful) computerisation projects. Its services are also engaged in domain name disputes and in making arrangements regarding the use of a domain name. As a result of case law handed down by the European Court of Justice, specific rules apply in the case of AdWords. Clairfort is in its element also in that field.