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 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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Other specialists

Related news

21.07.2022 NL law
Dutch Supreme Court decides against the pledgeability of non-transferable claims

Articles - Lawyers occasionally wonder how the law ended up as it is. We had that experience after the Dutch Supreme Court’s decision of 1 July 2022 (Rabobank/Ten Berge q.q.; ECLI:NL:HR:2022:984), regarding the possibility or impossibility of pledging a claim. The Supreme Court decided that claims that have been made non-transferable under property law in a contractual agreement between a creditor and a debtor, cannot be pledged either.

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15.06.2020 NL law
Limitation in case of a deliberately hidden claim

Short Reads - Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code). The extension also applies if the debtor deliberately hid the fact that the claim had become due and payable (upon fulfilment of a certain condition, for example). It is, however, unclear what kind of conduct qualifies as deliberate hiding. 

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02.04.2020 NL law
Claims assigned to a litigation vehicle: who needs to prove what?

Short Reads - Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. The Dutch legal system allows companies and individuals to assign their claims to a “litigation vehicle” or “claims vehicle” that bundles those claims into a single action. In its decisions of 10 March 2020, the Court of Appeal ruled that it is up to litigation vehicles to prove that the assignments can be invoked against the debtor. 

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11.02.2020 NL law
Stibbe lawyers call on legislator to put civil procedure reforms on hold

Short Reads - In a publication in the Dutch Lawyers’ Journal (Nederlands Juristenblad) we call on the Dutch legislator to put on hold a series of recently proposed bills that would reform Dutch Civil Procedure. We believe that priority should instead be given to speeding up the turnaround time of cases and the introduction of digital communication with the courts (currently submissions are still made on paper).

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27.05.2021 NL law
The qualification of a (commercial) contract

Short Reads - The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts. For these nominate contracts, the Dutch legislator has formulated specific legal rules in the Dutch Civil Code. In some cases, these legal rules are mandatory; i.e. the contracting parties cannot derogate from these legal rules. The purpose of these codified legal rules is often to protect weaker contracting parties.

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08.07.2020 NL law
Dutch State breached duty of care in providing information to victims and surviving relatives of plane crash

Short Reads - Earlier this year, the District Court in The Hague ruled that the Dutch State is liable vis-à-vis the victims and surviving relatives of a 1992 plane crash in Faro, Portugal. The State was found liable because it is responsible for the information provided by the Dutch Aviation Safety Board (a government agency) to the victims and surviving relatives. This information, on the causes of the crash was deemed by the court to be incorrect and incomplete.

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18.03.2020 NL law
The impact of COVID-19 (coronavirus) on commercial contracts: force majeure?

Short Reads - Recent measures taken by the Dutch government to contain the outbreak and spread of COVID-19 (a novel Coronavirus) have led to an increase in questions regarding the consequences for commercial contracts. These measures influence society as whole, and have a serious impact on a wide range of specific sectors and industries. These measures have put the performance of commercial contracts, spanning activities ranging from delivering supplies to operating flights, under pressure. The following may provide some helpful general guidance.

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16.01.2020 NL law
Wetgever, koester het burgerlijk procesrecht

Articles - Civiele procedures worden waarschijnlijk niet sneller en eenvoudiger met het Conceptwetsvoorstel modernisering en vereenvoudiging bewijsrecht en de Tijdelijke Experimentenwet rechtspleging. De wetsvoorstellen gaan uit van onjuiste veronderstellingen over het verloop van civielrechtelijke procedures en overspannen verwachtingen van de rol van de civiele rechter als alvermogende geschilbeslechter.

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