We are Stibbe IP Litigation specialists

On many occasions we have successfully defended our clients in litigation and court proceedings in relation to technology transfer, intellectual property and know-how infringements.

IP Litigation

As intellectual property is now vitally important in all sectors of industry, protecting that IP is just as fundamental. To that end, we have successfully represented our clients in many complex and challenging IP litigation cases.

Regarding national and pan-European patent litigation, we have specific experience in parallel proceedings that are conducted in several countries on the basis of corresponding patent rights. We also regularly assist clients with technologically complex patent disputes working individually, or as is more commonly found, with the assistance of accredited patent agents.

On matters comprising the copying of trademarks and designs, we have represented clients in cases of copyright infringement, trademark piracy, domain name disputes and cease and desist actions.

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Experience

  • 17.02.2014 NL law
    Stibbe advises Konami Digital Entertainment

    Experience -   Representing the world leader in trading card games in a major dispute concerning the counterfeiting certain products of Konami and the subsequent termination of an exclusive distributorship for Europe, Oceania and Latin America. After numerous summary proceedings, it was confirmed that Konami was entitled to terminate the distribution agreement. Advising Konami Digital Entertainment on the termination of the relationship with its exclusive distributor of Yu-Gi-Oh! trading cards in, i.a., Europe and Latin America.     

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  • 17.02.2014 NL law
    Stibbe advises Royal PostNL

    Experience -   Representing Royal PostNL in an international fraud case regarding counterfeit of postage stamps and an international criminal organisation, as well as in litigation regarding the invalidation of all Dutch stamps from before 2002.   

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  • 11.07.2012 NL law
    Stibbe advised Heineken

    Experience -   Stibbe acted for Heineken on various matters, including in a bankruptcy of Plassania, a major Dutch catering company that operated tens of pubs and other catering establishments and in summary proceedings against Olm for selling barrels of beer to bars and cafes in the Netherlands, Ireland and Germany, branded as Heineken but actually containing Olm beer.      

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Related news

19.10.2017 NL law
Annotatie onder Gerechtshof Arnhem-Leeuwarden - 14-02-2017

Articles - Nu de verkoop van de inventaris meer dan een jaar voor het faillissement heeft plaatsgevonden, is het bewijsvermoeden van art. 43 Fw niet van toepassing. De stelplicht en de bewijslast ten aanzien van het paulianeus handelen rusten dan ook op de curator. De enkele omstandigheid dat het niet goed ging met de onderneming, betekent nog niet dat op dat moment te voorzien was dat een faillissement onafwendbaar was.

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02.08.2017 NL law
Termination of continuing performance contracts: a new chapter

Short Reads - On July 7th 2017, the Dutch Supreme Court added a new chapter to the case law it has developed over the years regarding the termination of continuing performance contracts, making a specific exception for publishing agreements regarding copyrighted works (ECLI:NL:HR:2017:1270).

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05.07.2017 NL law
Dutch Supreme Court confirms case law on causation: roundup of two recent cases (PART II)

Short Reads - In its decisions of 2 June 2017 (ECLI:NL:HR:2017:1008) and 9 June 2017 (ECLI:NL:HR:2017:1053), the Dutch Supreme Court reconfirmed its case law on causation, the condicio sine qua non test and the so-called "reversal" rule in the law of evidence pertaining to this test. Although strictly speaking, these decisions might not bring much news, they show that carrying out the condicio sine qua non test is not always straightforward. In addition, these decisions show the importance of clearly keeping in mind the facts and norms constituting the unlawfulness or non-performance at hand.

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29.05.2017 NL law
Knowledge of a person's possible liability for the damage suffered is not sufficient for the short limitation period of five years to start running

Short Reads - The Dutch Supreme Court ruled that that a prejudiced person's knowledge of another person possibly being liable for the damage suffered is not sufficient certainty regarding the identity of the liable person for the short limitation period of five years to start running (Dutch Supreme Court, 31 March 2017, ECLI:NL:HR:2017:552).

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02.10.2017 NL law
Judgement beyond the ambit of the legal dispute

Short Reads - In its judgment of 14 July 2017, ECLI:NL:HR:2017:1357 the Supreme Court decided that the pleadings did not provide sufficient basis for the decision of the Court of Appeal that the contractor's claim was also based on joint and several liability of the alleged client. Moreover, the pleadings provided no evidence that the alleged client acknowledged that the contractor considered the alleged client jointly and severally liable.

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09.05.2017 NL law
European Court of Justice ruled: supervisory liability for defective breast implants up to national law

Short Reads - Civil liability of a so-called notified body for negligent fulfilling of its supervisory obligations under the directive on medical devices (93/42/EEC) is not excluded, the ECJ ruled in its judgment of 16 February 2017 in Elisabeth Schmitt (C-219/15). Conditions of such liability are governed by national law.

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22.09.2017 NL law
Dutch Supreme Court ruled on the time limit under which appeals must be brought

Short Reads - On 1 September 2017, the Dutch Supreme Court ruled that the appeal period ends three months after the day on which the court has given its judgment, at the end of the day with the same number as the day on which the judgment was given (ECLI:NL:HR:2017:2225). However, when the appeal period of three months expires in a month that does not have a day with the same number due to the fact that it is shorter, the appeal period ends on the final day of that month. Therefore, it is important to be aware that the appeal period relating to judgments given on certain specific days might end earlier than expected.

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05.07.2017 NL law
Dutch Supreme Court confirms case law on causation: roundup of two recent cases (PART I)

Short Reads - In its decisions of 2 June 2017 (ECLI:NL:HR:2017:1008) and 9 June 2017 (ECLI:NL:HR:2017:1053), the Dutch Supreme Court reconfirmed its case law on causation, the condicio sine qua non test and the so-called "reversal" rule in the law of evidence pertaining to this test. Although strictly speaking, these decisions might not bring much news, they show that carrying out the condicio sine qua non test is not always straightforward. In addition, these decisions show the importance of clearly keeping in mind the facts and norms constituting the unlawfulness or non-performance at hand.

Read more

30.05.2017 EU law
The Growth of Collective Redress in the EU: A Survey of Developments in 10 Member States—the need to maintain safeguards

Short Reads - In 2013, the European Commission adopted a Recommendation on Collective Redress. It invited Member States to adopt a collective redress framework by July 2016 that would include the features mentioned in the Recommendation and then by July 2017, to report to the Commission about the extent to which they had done so. On the basis of the Member States’ report, the Commission will assess whether further actions by the EU is required.

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05.04.2017 NL law
Extinctive prescription in case of possession in bad faith: the former owner may reclaim the property on the basis of tort

Short Reads - On 24 February 2017, the Dutch Supreme Court delivered a judgment (ECLI:NL:HR:2017:309) regarding acquisition of ownership of immovable objects by means of extinctive prescription (bevrijdende verjaring). Under Dutch law, a possessor who possesses an immovable that is not his property, becomes the owner of that good after a period of ten years of uninterrupted possession in good faith (art. 3:99 DCC).

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