In our last Europe Update we reported on cross-border litigation in IP cases in the Netherlands. The Court of Justice of the European Union (the "Court") now confirmed that cross-border measures are allowed under certain conditions in both main proceedings and as provisional or interim measures. The judgment is favourable for IP right owners, in particular European patent owners, as it (re)opens the possibility to sue defendants based in different countries together before one national court in proceedings on the merits. The Court's decision also means that the current Dutch practice of granting cross-border injunctions concerning provisional measures is endorsed without limitation, and is also expanded to foreign defendants. For more information click here.
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