Intellectual Property

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The only full-spectrum IP practice at a full-service firm in the Netherlands

Firmly embedded in our 150+ litigation practice, we are uniquely positioned to handle the most complex, multidisciplinary and international matters with an IP angle.

Unlike any other firm in the Netherlands, we have the strength and capability to deal with all aspects of complex IP litigation, and alongside our ground-breaking cases before the European Court of Justice, we have been involved in most of the landmark decisions heard by the Dutch Supreme Court in the past five years..

We offer our clients targeted legal and broad sector knowledge across the full scope of healthcare, life sciences, food and beverages, luxury goods, retail, telecommunication, ICT, energy, transportation, chemical, materials, banking and insurance sectors.

Recent Matters

1 June 2022

De Brauw advises AkzoNobel on its acquisition of African paints and coatings activities from Kansai Paint

De Brauw acted as lead counsel to AkzoNobel in its agreement to acquire all paints and coating activities of Kansai Paint in Africa. The transaction concerns the acquisition of companies across 12 countries with a consolidated revenue of around EUR 280 million. The intended acquisition involves the Plascon brand, one of the oldest paint brands in the region with a heritage of more than 100 years, as well as activities related to decorative paints, protective coatings and coatings for wood and coil. The transaction is subject to regulatory clearance and is expected to be completed in the course of 2023.
2 May 2022

G-III Foreign Holdings B.V. acquires 80.76% stake in Karl Lagerfeld Holding B.V.

De Brauw advised G-III Apparel Group Ltd in its deal to become the sole owner of luxury-fashion brand Karl Lagerfeld. The New York-based fashion-licensing group agreed to pay 200 million euros ($221.5 million) for the 81% of Karl Lagerfeld that it doesn't already own. G-III has held a 19% stake in the brand since 2015 and also owns a North American affiliate, Karl Lagerfeld Paris.
20 April 2022

Nordian sells BauWatch Group to Haniel

De Brauw advised Nordian on its sale of the BauWatch Group to Franz Haniel & Cie. GmbH. The BauWatch Group provides security, compliance and safety solutions at construction sites. The BauWatch Group is active in the Netherlands, Germany, Belgium and the UK.
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The patent litigation firm of choice

... for many multinationals wishing to coordinate their patent strategy throughout Europe. We are involved in complex, cutting-edge, multi-jurisdictional patent litigation and advise on issues of validity, infringement, ownership/inventorship and licensing.

We deal with ground-breaking cases at all levels, including Supreme Court litigation and opposition proceedings before the European Patent Office and across all technical areas to include the food and beverages, telecoms, high-tech, chemical and engineering sectors.

With more than two decades of experience in multi-jurisdictional patent disputes regarding portfolios of telecommunications standard essential patents, our telecoms clients benefit from our expertise in the competition (FRAND) aspects of the enforcement and licensing of standard essential patents. Patents also play a large role in the broad spectrum of our Life Sciences work for pharmaceutical companies, biotech firms and medical supply companies:

De Brauw’s patent ligation team is extremely dedicated and reactive. They are experienced litigators with a solid knowledge of the law and a quick understanding of the technical background. The team is very approachable and fun to work with.

Legal 500, 2021
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Trade Secrets - a valuable commodity

... but in the hands of a third party, they can have a huge adverse impact on a company’s competitive advantage. Our inhouse and technical expertise positions us to be able to advise clients on the value of their trade secret, whether a dispute pivots on the mobility of workers, business collaboration or cybercrime. Our Employment practice also advise clients in connection with allegation of misappropriation by former employees. Our unparalleled experience with the regulatory and criminal enforcement measures is critical when gathering evidence to establish misappropriation. This includes unrivalled advice from our Privacy, Data and Cyber Security experts should misappropriation of digitally stored trade secrets be alleged following a collaboration between companies.

The lawyers are very much on top of the law and they are thorough... excellent IP services and well thought-out, clear recommendations that are easy to understand and implement.

Legal 500, 2021
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What's in a name?

We regularly deal with matters relating to trade name rights, slavish imitation and advertising law, with a particular focus on trade marks, trade names, copyrights, database protection and design rights.

A good example of our deep sector knowledge is the sector task force led by our IP and data protection specialists: the consumer goods and retail online working group (CGROW) including legal counsel from Heineken, JDE, Royal Philips, Signify, AkzoNobel, Booking.com, Tesla, Takeaway.com, Danone, AholdDelhaize, Bol.com, Tommy Hilfiger/PVH, Catawiki, Pon, FrieslandCampina and Uber. This extraordinary group brings together experience and expertise at the highest level, and is unique in the market.

Excellent expertise, great availability at all levels; [a] creative team... Combining superb expertise with profound knowledge of our work field and its sensitivities... the team is knowledgeable, experienced, and quick to respond.

Legal 500, 2021

Insights

16 June 2022

De Brauw receives two IP Awards at the MIP gala

De Brauw's IP team received two IP Awards in this year's Managing IP Awards. The first award is for our IP team who were awarded "Netherlands IP Transactions & Advisory Firm of the Year Award". The second award is for Tobias Cohen Jehoram, head of our IP department, who received the "Netherlands Practitioner of the Year Award".
23 March 2022

Dutch Supreme Court issues long-awaited rulings on Standard Essential Patents

In 2015, the Court of Justice of the European Union provided initial guidance on the conditions under which holders of Standard Essential Patents (SEP) may seek injunctions against implementers unwilling to enter into a licence agreement on FRAND terms. Since then, the German Bundesgerichtshof and the UK Supreme Court have issued judgments, with the Dutch Supreme Court following suit in a recent set of rulings. We explain the background and implications of this case, including the Advocate General's opinion.
17 March 2022

Russia takes measures against foreign intellectual property holders in response to sanctions

Russia has taken its first steps in seizing assets from Western companies that suspend operations in Russia because of imposed sanctions. Russia has retaliated by "suspending" their intellectual property, as they are parties affiliated with "unfriendly countries". The measure will have further implications for Western companies and their IP rights in Russia. A lower court ruling in Russia illustrates how Russia will probably allow the ongoing infringement of intellectual property rights.

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