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

21.02.2018 NL law
Termination clauses in agreements and Dutch standards of reasonableness and fairness

Short Reads - How can a party terminate an agreement? With the exception of certain specific agreements (i.e. employment or rent), the Dutch Civil Code (DCC) does not provide rules on termination as such. Whether and under what conditions a party is entitled to terminate an agreement is determined by the agreement itself and the general standards of reasonableness and fairness ("redelijkheid en billijkheid") in Article 6:248 DCC. In its decision of 2 February 2018 (ECLI:NL:HR:2018:141), the Dutch Supreme Court further developed its case law on the subject matter.

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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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11.01.2018 NL law
Witness examination and the withdrawal of a judge

Short Reads - In its decision of 24 November 2017 (ECLI:NL:HR:2017:3016), the Dutch Supreme Court confirmed that a judge is allowed to critically interrogate a witness and remind a witness of his oath. Such action is not an indication that a judge is not impartial or independent.

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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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10.01.2018 NL law
Fire, furniture and strict liability for buildings used for business

Short Reads - Persons using a building in the course of running a business might be liable for damage caused by a defect in the building on the basis of strict liability. Such liability exists if there is a link between the origin of the defect and the running of the business. In its decision of 24 November 2017 (ECLI:NL:HR:2017:3016), the Dutch Supreme Court clarified how to ascertain whether there is such a link.

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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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