IP Litigation

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 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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  • 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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  • 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

15.02.2019 NL law
Commercial interest on overdue interest payments on a loan – uncertainty remains

Short Reads - If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed. If a car dealer buys the same car from an importer and fails to pay the purchase price on the agreed date, that car dealer has to pay commercial interest, which is a much higher rate, instead of the normal statutory interest (Clause 6:119a DCC).

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18.01.2019 NL law
Special regulation on franchise agreements proposed: more protection for franchisees

Short Reads - On 12 December, a draft legislative proposal ("proposal") was published containing a special regulation on franchise agreements. Until now, there have been no special regulations regarding franchise agreements. The Explanatory Memorandum mentions that franchisees believe that franchisors have a more dominant position within their relationship.

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29.01.2019 NL law
How to remedy a default under Dutch law?

Short Reads - Under Dutch law, a debtor can remedy a default by offering to perform its obligations at a later date. Such an offer, however, has to include an offer to pay for damages and costs incurred as a result of the default (art. 6:86 DCC). If the creditor refuses to accept an offer that meets such criteria, the creditor will be in default.

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08.03.2018 NL law
Dutch courts can reduce contractually agreed penalties to an amount that is not unacceptable

Short Reads - You think you have made clear arrangements about the exclusivity of your supplier's services. The supplier has agreed to service your company only. You have even agreed unequivocal penalty clauses under which the supplier pays a penalty for every breach and another one for every day the breach continues. Unfortunately, the supplier breaches the exclusivity clause, forcing you to claim the full amount of penalties due. And then the supplier refuses to pay them because he finds them unreasonable. Now what?  

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29.01.2019 NL law
Netherlands Commercial Court van start

Short Reads - Op 1 januari 2019 zijn op basis van de Wet Netherlands Commercial Court het Netherlands Commercial Court (NCC) en het Netherlands Commercial Court of Appeal (NCCA) van start gegaan. Bij het NCC kunnen internationale handelsgeschillen voor een gespecialiseerde overheidsrechter worden beslecht. Het NCC biedt procespartijen de mogelijkheid om in het Engels te procederen.

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23.02.2018 NL law
Can acts and statements from an unauthorised representative qualify as acknowledgment of liability and interrupt a limitation period?

Short Reads - On 26 January 2018, the Supreme Court delivered a judgment (ECLI:NL:HR:2018:108) about the interruption of the limitation period for a claim for damages. The key element in this case was whether the acts and statements of an insurer and a loss adjuster qualified as an acknowledgement of liability and, if so, whether this acknowledgement could be attributed to the liable party

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