The Legal Toolbox

This tool can be used in case of recently granted patents, younger registered trademarks and design models

First instance is brought before the office / granting institution
Keep in mind that there are strict deadlines.

These requests are usually filed prior to court proceedings in the Netherlands.

Requests are to be filed with the court.

Provisional injunctions must be followed by case on the merits.

There is a risk that a claim for damages is awarded if it is (later on) ruled to be non-infringing.

Applicable in case of infringement of IP rights, topographies and semiconductors (microchips), utility models, tradenames, protected indications of origin.

National or EU wide requests can be made.

Requests are to be issued with customs.

A (positive) decision will be valid for 1 year.

As customs apply a narrow scope of investigation/action, the request must be very specific.

There is a chance that an infringement procedure before the court must follow.

Sending a letter demanding that the infringement cease and desist, possibly requesting additional information or making demands on  the basis of which a settlement can

be reached.

In certain cases, sending a cease-and-desist letter is important for claiming damages.

These measures can only be used when enforceing IP rights (i.e., this does not include unfair competition, and they cannot be used when claiming invalidity or when initiating opposition proceedings).

Under conditions, provisional injunctions can also be applicable when enforcing (foreign) IP rights in other member states.

provisional indjunctions are usually made prior to court proceedings.

provisional indjunctions are to be requested with the court.

Examples are measures for protection of evidence, seizure, request for description or to draw samples, ex parte decision, requesting third party information or witness hearing.

The court will always weigh the interests of the parties involved, among other things to prevent fishing expeditions.

Provisional injunctions must be followed by case on the merits.

There is a risk a claim for damages is awarded if (later on) it is ruled to be non-infringing.

In case of online infringement on (large) web portals

Applicable in case of resembling trademarks and designs.
First instance can be with the office / granting institution.

A large variety of claims is possible, including cross border injunctions.

WIPO arbitration procedure or court case

In interlocutory proceedings, only a preliminary injunction can be claimed.
Interlocutory proceedings must be followed by a case on the merits.

Urgency is required.

Next to IP rights, cases may be based on wrongful act, breach of (secrecy) agreement etc.

Beware of: counter claims (nullity), damage claims, awarded costs, ’wapperverbod’ (flapper ban).