Ernst-Jan is founder of the boutique firm Louwers IP|Technology Advocaten. With 34 years of experience as a legal practitioner Ernst-Jan Louwers oversees the entire playing field covered by the firm. In his daily practice he facilitates collaboration, helps creatively solving potential conflicts and if necessary acts as litigator in court. He is specialised in the closely intertwined areas of IP, IT and technology. His clients benefit from his many years of experience in working with creative, innovative and internationally operating companies. 

As a lawyer he aims at making it possible for clients to conduct their business and operate successfully. He takes energy from change, innovation and challenges and, therefore, sees himself as ‘lawyer of change’.

Ernst-Jan Louwers is again ranked as leading individual in the authoritative legal guide Legal500 edition 2021.

Contact

Direct   +31 40 2393203

Mobile  +31 6 52 048154

Email    louwers@louwersadvocaten.nl

Function

Attorney-at-law (“advocaat”) (partner)

Attorney-at-law since

1986

Backgrounds

After 20 years in a large firm in Rotterdam, Brussels and Eindhoven, Ernst-Jan Louwers (1959) took the initiative of establishing the niche firm Louwers IP|Technology Advocaten in 2006.

He is an experienced IP and IT/technology litigator. Apart from litigation, his strength lies in the establishment of and contractually facilitating collaboration and creatively solving problems and conflicts.

Clients benefit from his many years of experience in working for creative, innovative and internationally operating companies. As a lawyer he aims at making it possible for clients to conduct their business successfully, operate strategically or implement a policy with calculated risks.

Apart from the function of attorney, he also acts as arbitrator or (binding or nonbinding) advisor in IT, IP or technology disputes or regarding commercial contracts.

Areas of work

His daily practice mostly covers strategic advice, litigation and contracting in IP, IT, technology, innovation, commercial contracts and licensing.

Intellectual Property & Innovation

  • IP litigation & IP enforcement
  • IP allocation (allocation of rights to the proper legal entity and intragroup relationships)
  • intellectual asset management
  • exploitation, licences and collaboration/cooperation and R&D agreements
  • trademarks, trade names, internet domainnames
  • copyright, design rights
  • slavish imitation
  • database righs
  • plant variety rights (PVRs), plant variety denominations and plant variety related trademark rights
  • patents
  • trade secrets

IT and technology

  • contracts and disputes in the area of IT and IT outsourcing
  • avoidance and solution of technology disputes
  • emerging technologies, such as IoT, 3D-printing/additive manufacturing and virtual and augmented reality
  • outsourcing
  • software development
  • digitalization with a focus on exploitation of data and data sharing

Internet & Ecommerce

  • legal aspects of online retail / webshops
  • domainnames
  • online naming and shaming

Advertising

  • comparitive and misleading adverting
  • unlawful publication
  • assessment of advertising

Sectors

The clients Ernst-Jan works for, fall within one or more categories of “make, create, innovate” which also is the slogan of the innovative and creative area of Strijp-T where the Eindhoven office is located.

  • manufacturing
  • plant breeding
  • IT and hightech
  • emerging technologies, such as 3D printing/additive manufacturing, semiconductors/photonics, robotics, AI, VR/AR, blockchain 
  • development of innovative solutions (including software and hardware), algoritms and applied software
  • digital health
  • publishing, creative industry and advertising
  • consumer products, retail and food & beverage and (online) retail
  • e-commerce, both B2B and B2C

Education & work experience

Ernst-Jan studied law at the Leyden University, was an apprentice in Frankfurt am Main and specialised and graduated in Intellectual Property law at Amsterdam University. He worked at AKD in Rotterdam and Eindhoven and the American firm Cleary Gottlieb Steen & Hamilton.

On 1 December 2006 he took the initiative to establish the niche firm Louwers IP|Technology Advocaten.

Presentations & publications

  • Ernst-Jan has written many articles and other publications in the areas of IP, innovation and IT/technology.
  • Among others, he is editor and co-author of the loose-leaf treatise International Computer Law (LexisNexis, New York) on issues like software protection, patents, databases, privacy and e-commerce. Furthermore, he is a co-author of the monograph Overeenkomsten inzake informatietechnologie (SDU) and the chapter Handhaving van intellectuele eigendomsrechten (Enforcement of IP Rights) in the monograph Intellectuele eigendom en ICT.
  • He also wrote a contribution in the book Private labels Uncovered and several columns and online blogs on advertising, trademark and copyright law (among others in marketing magazines like Marketing Tribune and Adformatie) and the future of intellectual property, 3D printing and additive manufacturing (among others in industry sector magazines like Made in Europe and the legal bulletin of ECTA).
  • As a guest teacher, guest speaker, moderator or in-house trainer Ernst-Jan has acted as speaker at conferences, trainings and webinars on innovation, (enforcement and exploitation of) intellectual property, IT, technology, 3D printing/additive manufacturing and internet. Among many other occasions he presented at the alumni association of the Design Academy on protection of  product design, the annual meeting of the Orde van Octrooigemachtigden (Dutch Association of Patent Agents) about arbitration, 3D Printing Conference, Bioprinting Conference, IDTechEx in Berlin, ITechLaw, the annual meeting of MARQUES in Vienna.
  • He is a guest lecturer on IP valuation at Nyenrode Business University, training programme for registered business valuators.
  • Ernst-Jan is an author of periodical updates on IP law for the magazine Juridisch Up To Date, published by Rendement, primarily intended for inhouse counsel.
  • Publications on plant breeders rights and plant breeding related trademark rights for CIOPORA, such as Factsheet on IP for plants The Netherlands and article PVR Exhaustion: Triggers and Limitations.
  • Presentations about plant breeders rights and plant breeding related trademark rights, such as for CIOPORA, CIOPORA Academy and a webinar Grow and Flourish in the Future of Today together with Wageningen University, Plantum and Seven Steps to Heaven.

Memberships

  • VIEPA – Association Intellectual Property Litigation Lawyers
  • CIOPORA – international association for plant breeders rights (member of the Working Group on Enforcement and the Lawyers Panel)
  • Plantum – Dutch association for plant breeders rights
  • MARQUES – international association for trademark owners (member of Cyberspace Team)
  • BMM – Benelux Association of Trademark and Design Law
  • ECTA – European Community Trademark Association
  • INTA – International Trademark Association
  • Dutch Copyright Association
  • Association for Advertising Law
  • VIRA – Netherlands Association for Computer Lawyers
  • NVvIR – Nederlandse Vereniging voor Informaticarecht
  • ITechLaw.org
  • Alumni Association LSV Minerva
  • Cleary Alumni Association

Other functions

  • Member of the Advisory Board of Stichting Unipartners Eindhoven
  • Member of the Advisory Board of Centrum Permanente Educatie
  • Member of the Supervisory Board of Dutch Goldsmiths’ Guild
  • Protector and advisor to National Monument Kamp Vught
  • Board Member of Stichting 3D Clearing House
  • Member of Expert Panel of FutureXL on digitalization with a focus on proprietary data and data sharing
  • Former member of the Complaints and Appeals Board for .nl domain names (C&AB)
  • Former initiator and Board Member of Brainport Centre for Technology & Law

Areas of expertise

Intellectual property & innovation, Internet & e-commerce, IT & IT outsourcing and commercial agreements

Exceptional area of expertise: plant breeders rights and plant breeding related trademark rights

Languages

Dutch, English, French and German