Cross-border Injunctions : An Update

More often than not, infringement of intellectual property rights takes place in several countries at the same time. If the intellectual property holder wants to end the infringement, in principle, he has to start separate proceedings in the various countries where the infringement occurs. This may be a cumbersome operation.

Already in the 1980s, the Dutch courts recognized this problem and worked towards finding a solution: after establishing that the intellectual property rights were being infringed (according to the respective laws of the countries concerned) the Dutch court would issue an injunction, not only covering the Dutch territory, but also the territories outside The Netherlands. These so-called cross-border injunctions made it possible for the IP owner to fight the infringer in one court only, instead of having to chase him throughout Europe and beyond.