Share on LinkedInShare on LinkedIn

ARTICLE · 04 APRIL 2012

Advocate General Saves Dutch Cross-Border Practice

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Contributor
De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

Our clients are increasingly operating in South-East Asia and require legal assistance in the...

View firm profile
Explore more from De Brauw Blackstone Westbroek

Courts in the Netherlands assume jurisdiction to grant cross-border injunctions in infringement cases involving intellectual property rights under certain conditions.

NetherlandsIntellectual Property
Gertjan Kuipers
Gertjan Kuipers
Tobias Jehoram
Tobias Jehoram
Jan Hustinx
Jan Hustinx
Author LinkedIn connections

Courts in the Netherlands assume jurisdiction to grant cross-border injunctions in infringement cases involving intellectual property rights under certain conditions. This practice is not uncontroversial in Europe. The discussion regarding the admissibility to grant cross-border injunctions revolves around the interpretation of the rules on jurisdiction set out in 8364;" what is now - Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments (the "Regulation"). On 29 March 2012, the Advocate General ("AG") of the Court of Justice (8364;SCJ8364;) rendered an opinion endorsing the on-going Dutch cross-border practice in preliminary injunction proceedings and possibly reopening the door for cross-border injunctions in main proceedings under limited conditions.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Video

Intellectual Property In Sports: Who Owns An Athlete's Image? (Video)

An athlete's name, image and online presence can represent significant commercial value. But who is permitted to use that image, for what purposes and for how long? We asked Peter Verbeke – former CEO of RSC Anderlecht and currently Head of the Sports Law Practice at PowerPlay – to share his experiences from the perspectives of both football club and professional athlete.
European UnionIntellectual Property
Novagraaf Netherlands BV
Novagraaf Netherlands BV
Article

Trading Disruption Risk Expected For EU Companies Listed Or Traded Outside The EU

A critical deadline looms for European issuers with securities traded outside the EU, as a key grandfathering clause under the CSD Regulation expires on 17 January 2027. Without timely regulatory action, third-country central securities depositories like DTC may be forced to suspend services to affected EU issuers, potentially disrupting trading in their equity and debt instruments on international markets.
European UnionInternational Law
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Article

EU Companies Listed Or Traded Outside EU To Be Aware Of Upcoming Expiry Of Key Trade-facilitating Clause

A critical deadline looms for European issuers with securities traded outside the EU, as a key grandfathering clause under the CSD Regulation expires on 17 January 2027. Without timely regulatory action, third-country central securities depositories like DTC may be forced to suspend services to affected EU issuers, potentially disrupting trading in their equity and debt instruments on international markets.
European UnionFinance and Banking
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Article

Dutch Competition Regulator's Call-in Power Passes "First Phase" As Lower House Adopts Bill

The Netherlands is poised to grant its competition authority unprecedented power to scrutinize mergers that fall below traditional notification thresholds, targeting potentially harmful transactions such as roll-up strategies and killer acquisitions. While the Dutch House of Representatives has approved the bill despite criticism from the Council of State, the legislation introduces an asymmetric threshold system and raises standard notification requirements, fundamentally reshaping the country's merger con
NetherlandsAntitrust/Competition Law
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek