You can object online to an i-DEPOT being published on i-D Space, for example, if you feel that the publication infringes your rights or that it constitutes a criminal offence.
You need a My BOIP account in order to lodge an objection. Go to My BOIP.
On what grounds can you lodge an objection
Infringement
If you believe that the publication infringes your (IP) rights, you must prove that you are entitled to the right asserted or are authorised to act on behalf of the rightful claimant. You must also submit a copy of your proof of identity. The charge for lodging an objection is 78 euro.
Criminal offence
If you believe that the publication constitutes a criminal offense, you must provide substantiation. You can file a complaint free of charge and, should you so wish, anonymously. This means that your details will not be made known to the party that submitted the i-DEPOT. In the course of the procedure, you may be asked to demonstrate that the competent authorities have been informed that a criminal complaint has been filed.
Objection procedure in the event of infringement
- If the objection concerns an infringement of intellectual property rights, the following procedure applies:
- If the objection lodged is compliant, publication of the i-DEPOT will be suspended. As a consequence, the i-DEPOT will no longer be visible on i-D Space.
- BOIP will inform the party that submitted the i-DEPOT that an objection has been lodged.
- The submitting party subsequently has one month in which to oppose the objection.
- If the party that submitted the i-DEPOT fails to do so, publication of the i-DEPOT will be terminated.
- If the party that submitted the i-DEPOT does oppose the objection, their response and the appended documents will be forwarded to the complainant.
- The complainant then has one month in which to demonstrate that they have initiated legal action or arbitration proceedings against the party that submitted the i-DEPOT with respect to the lawfulness of the publication.
- If the complainant does so, publication will remain suspended until the legal or arbitration proceedings are fully completed and there is no possibility of further appeal. Depending on the outcome of the proceedings, the publication will be terminated or the suspension will be lifted and the i-DEPOT published anew on i-D Space.
- If the complainant fails to do so or withdraws their objection, the objection procedure will be closed and the i-DEPOT will be published anew.
Rule 4.11 of the Implementing Regulations under the BCIP and the rule issued by the Director General on 1 December 2016 relative to the regulations concerning the notice-and-takedown procedure published i-DEPOT are applicable to this objection procedure.
Objection procedure in the event of a criminal offence
If the objection concerns a criminal offence, the following procedure applies:
- If the objection lodged is compliant, publication of the i-DEPOT will be suspended. As a consequence, the i-DEPOT will no longer be visible on i-D Space.
- BOIP will inform the party that submitted the i-DEPOT that an objection has been lodged.
- The submitting party subsequently has one month in which to oppose the objection.
- If the party that submitted the i-DEPOT fails to do so, publication of the i-DEPOT will be terminated.
- If the party that submitted the i-DEPOT does oppose the objection, their response and the appended documents will be forwarded to the complainant, if the contact details of the complainant are known to BOIP.
- The complainant then has one month in which to demonstrate that the competent authorities have been notified or that a criminal complaint has been lodged.
- If the complainant does so, publication will remain suspended until the competent authority has issued a decision against which there is no possibility of further appeal. Depending on the outcome of the decision, publication will be terminated or the suspension will be lifted and the i-DEPOT published anew on i-D Space.
- If the complainant fails to do so or withdraws their objection, the objection procedure will be closed and the i-DEPOT will be published anew.
Rule 4.11 of the Implementing Regulations under the BCIP and the rule issued by the Director General on 1 December 2016 relative to the regulations concerning the notice-and-takedown procedure published i-DEPOT are applicable to this objection procedure.
Questions?
Should you have questions or require more information about the objection procedure or the anonymous lodging of an objection based on a criminal offence, please contact the BOIP Legal Affairs department via e-mail: legal@boip.int or telephone: +31 (0) 70 349 1231.