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

8 November 2022

Infinite Electronics to acquire Cable Connectivity Group from TKH and Torqx Capital Partners

De Brauw acted as co-counsel together with U.S. firm Cleary Gottlieb Steen & Hamilton for Infinite Electronics, Inc. (Infinite Electronics) in its acquisition of the Cable Connectivity Group (CCG).Infinite Electronics, a leading global supplier of electronic components serving the needs of customers through a family of highly recognized and trusted brands, has announced on 8 November 2022 that it signed a definitive agreement to acquire Cable Connectivity Group (CCG) from Torqx Capital Partners (Torqx) and TKH Group NV (TKH). The transaction is subject to customary regulatory approval and is expected to close in Q1 2023.CCG is a leader in the production, distribution and assembly of specialty cables and cable connectivity solutions. The company operates across Europe with offices and production and distribution facilities in the Netherlands, Belgium, Germany, Poland, Italy and China. CCG is comprised of the following brands: Jobarco, Pantaflex, Capable, TKD, ConCab, Schrade Kabeltechnik and KC Industrie. CCG has a global customer base across industrial and electronics end-markets.
22 October 2022

Athora Netherlands to acquire WTW's PPI in the Netherlands

De Brauw is advising Athora Netherlands on the acquisition of WTW's premium pension institution (PPI) in the Netherlands. The parties announced on 18 October 2022 that they have agreed on Athora Netherlands' takeover of the PPI. The transaction is expected to close early 2023, subject to regulatory approvals and the consultation of employee representative bodies. After the closing of the transaction, the PPI will become an integrated part of Athora Netherlands' market leading Zwitserleven PPI. The combined scale and capability will provide the opportunity for greater innovation and enhanced services for clients and members.
8 September 2022

Stora Enso to acquire De Jong Packaging Group

Stora Enso is to acquire De Jong Packaging Group, based in the Netherlands. This acquisition will advance Stora Enso’s strategic direction, accelerate revenue growth and build market share in renewable packaging in Europe. De Jong Packaging Group is one of the largest corrugated packaging producers in the Benelux countries. Its product portfolio and geographic presence will complement and enhance Stora Enso’s offering, especially in fresh produce, e-commerce and industrial packaging.Completion of the transaction is expected at the beginning of 2023, subject to employee consultation and regulatory approval. De Brauw acted as lead counsel for the founder of De Jong Packaging Group.
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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. In addition, we are gearing up for the start of the Unified Patent Court. Out of our team of more than 150 litigators, we are putting together teams with experience in patent law, technical fields and extensive litigation, so that we can offer the strongest dedicated litigation teams, where relevant with the inclusion of foreign lawyers.

We have experience across all technical areas 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

25 July 2022

Trademark holders are "producers" for product liability purposes, according to CJEU

The Court of Justice of the European Union (CJEU) has answered questions about the Product Liability Directive and clarified what "producer" means in the directive. According to the CJEU, this is any person who has affixed, or authorised the affixing of, its name, trademark or other distinctive sign to a product. Specifically, the CJEU dismisses the argument that any further criteria are required except for the affixing of the name, trademark or other distinctive sign to a product. Consequently, a strict liability regime applies to trademark holders when it comes to product liability. Trademark holders should be mindful of the potential liability risks implied by this ruling in their day-to-day business.
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.