Dirk Visser

Lawyer since 1996. Focus on copyright, database law, trade mark and design law, portrait and neighbouring rights, regulation and liability online platforms. Professor intellectual property law at Leiden University.

Dirk Visser

Dirk Visser has been an intellectual property and media lawyer since 1996. He is one of the founders and partner of the firm. Working across the entire field of intellectual property with a focus on copyright, database law, trade mark and design law, portrait and neighbouring rights, regulation and liability of online platforms and copyright contract law. His clients include publishers, record companies, producers, broadcasters, manufacturers and designers, retail companies, libraries and archives, trade associations and collective management organisations.

He litigates from the interlocutory court to the European Court of Justice. He also has mediation experience and brings many disputes to a successful conclusion through mediation. Since 2003, Dirk has also been a professor Intellectual Property Law in Leiden. He is co-author of the Copyright Handbook, editor of Tekst & Commentaar Intellectuele Eigendom and contributor to the Dutch Law Journal (NJB) . He is also the author of numerous books and articles in the field of copyright law, author contract law, trade mark law, database law, portrait law, neighbouring rights and intellectual property law in general.

“Ace academic and swashbuckling litigator”

​(WTR 1000 2015)

Dirk is a member and former chairman of the Intellectual Property Litigation Association (VIEPA), a member and former board member of the Copyright Law Association (VVA, part of the ALAI), a member and former board member of the Intellectual Property Association (VIE, part of the AIPPI) and a member of the BMM and the VMC . He is a frequent speaker and creator of many ‘knowledge clips IE’ and online lectures. In 1997, he obtained his doctorate with a dissertation on copyright and the Internet, which he wrote in part during a stay at the Max Planck Institute for Intellectual Property in Munich.

Some recommendations for Dirk:

 “the authority in the Netherlands on copyright,” “if you have a complicated copyright question he’s the one to go to.” Chambers 2022.

“Dirk Visser is the best copyright lawyer where litigation before the Dutch Courts and also the CJEU is concerned. Very sharp, quick on his feet, very efficient, knows everybody, and is involved in all relevant developments where litigation regarding online copyright infringement.” Legal 500 2020.

“Ace academic and swashbuckling litigator” WTR 1000 2015.

Dirk Visser has registered “Intellectual property law” as his main area of law in the register of areas of law of the Dutch Bar Association. Pursuant to this registration, he is obliged to obtain ten training points in this area of law each calendar year according to the standards of the Dutch Bar Association.

Representative work:

  • Copyright procedure on three-dimensional puzzle cube;
  • Advising on rebuilding of town hall in connection with architect’s personality rights;
  • Procedure on trade name use after acquisition;
  • Advising on termination of publication corresponding magazine;
  • Proceedings on termination of music operating agreement;
  • Advice on transparency obligation in author contracts;
  • Procedures on blocking illegal websites.

Publications:

Deepfakes This contribution discusses some legal aspects of deepfakes, or fake (images and/or sounds) that cannot be distinguished from the real thing.

NJB02_Nep really under neighbouring law.pdf

Broadcast compensation rights This contribution attempts to explain the ‘Online Broadcasting Services Directive Implementation Act’.

Broadcasting rights_Dirk Visser_Copyright2021-2.pdf

New copyright contract law 2021

From 7 June 2021, the copyright contract law will change.

NEDERLANDS JURISTENBLAD – 04-6-2021 – AFL. 22

NJB22_New copyright law 2021-1.pdf

He is also the author of countless books and articles on copyright law, trade mark law, database law, image rights law, related rights, and intellectual property law in general. He is in high demand as a speaker and has made ten IP video shorts (‘knowledge clips IP’ (‘kennisclips IE’)).

In 1997 he was awarded his doctorate, with a thesis on copyright law and the internet, part of which he wrote during his time at the Max Planck Institute for Intellectual Property and Competition Law in Munich.

Some testimonials for Dirk Visser:

Dirk Visser is the best copyright lawyer where litigation before the Dutch Courts and also the CJEU is concerned. Very sharp, quick on his feet, very efficient, knows everybody, and is involved in all relevant developments where litigation regarding online copyright infringement. (Legal 500 2020). Copyright expert Dirk Visser of Visser Schaap & Kreijger impresses sources with his creativity and pragmatism. Others confirm: “Absolutely stellar on copyright law.” (Chambers 2019) He thinks five steps ahead and is very knowledgeable and down to earth.” (Chambers Europe 2015). Several sources describe him as an “important lawyer in this field” who is “brilliant at pleadings” (Chambers 2017) and “a walking encyclopaedia with extraordinary IP expertise” and “a most trusted adviser” (Chambers 2019). Another source enthuses that he is “absolutely stellar on copyright law.”Dirk Visser is a “well-known figure” in IP and is respected for both his academic and commercial work. Sources value his “gift with words – he manages to translate really difficult concepts into something everyone understands.” He covers copyright and trade mark law (Chambers Europe 2014). The “excellent” Dirk Visser is praised for his “fast and effective” approach to cases (Chambers Europe 2013). Dirk Visser is a “well-known figure” in IP and is respected for both his academic and commercial work. Sources value his “gift with words – he manages to translate really difficult concepts into something everyone understands.” “Ace academic and swashbuckling litigator Dirk Visser” (WTR 1000 2015). A walking encyclopaedia of case law and a jurisprudence sage. “Inspirational, quick minded and intelligent”, he combines sublime academic aptitude with a finely tuned practical understanding of the law. (WTR 1000 2017).

Highlighted Procedures:
Cable TV access
Merkenrecht
Public lending
State aid and public broadcasting
Abuse of dominance and free movement of services
Copyright reservation
V-Card:

Procedures

Questions to CJEU on online lending of e-books by public libraries

On 1 April 2015, the District Court of The Hague passed judgement in the case between Vereniging van Openbare Bibliotheken (Netherlands Public Library Association (VOB)) and Stichting Leenrecht (Public Lending Right Office (SL)). The District Court referred questions to the Court of Justice of the EU on online lending of e-books by public libraries.

Illegal downloading

Litigation on the permissibility of private copying (downloading) from illegal sources.

Publications

Slavish imitation (2013)

With products which have been patented and have become famous or even iconic, exact copying can be perceived as parasitic and/or confusing to the public. Slavish imitation, freedom of competition and the Lego brick. In: Broek B. van den, Dack S., Eijsvogels F., Hirschfeld A. (Eds.) Willem Hoyng Litigator. Amsterdam: deLex, 2013. p.282-300.

Misrepresentation and Misappropriation

Misrepresentation and misappropriation are the two most important common principles, or common ‘basic moral feelings’ of intellectual property and unfair competition law in Europe and elsewhere. Misrepresentation and Misappropriation. In: Ohly A. (Red.) Common Principles of European Intellectual Property Law. Tübingen: Mohr Siebeck. p. 247-254.
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