Intellectual Property

+ 16 other experts

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

3 July 2023

De Brauw advises Heineken on sale of Vrumona factory

De Brauw advises Heineken on sale of Vrumona factory to Royal Unibrew. Vrumona produces non-alcoholic beverage products in its factory in Bunnik. Well known brands include Pepsi, 7 Up, Sourcy and Rivella.
20 June 2023

De Brauw assisted Delta Electronics, Inc. in the acquisition of HY&T Investments Holding B.V. and its subsidiaries

De Brauw assisted Delta Electronics, Inc. ("Delta") on its acquisition of HY&T Investments Holding B.V. and its subsidiaries, including TB&C Group, a leading provider of automotive high-voltage hybrid components, from Cooperatief H2 Equity Partners Fund IV Holding W.A. and Te Bokkel Beheer B.V. for EUR 142 million. TB&C, with its operational headquarters in Germany, develops industry-leading hybrid technologies for mechanical components applied in automotive, industrial, and medical applications. Its customer base includes world-class automotive companies, as well as tier-1 automotive suppliers. The transaction is expected to enhance Delta’s EV battery management system (BMS) capabilities by integrating TB&C’s technologies with Delta’s Component Business Group’s automotive component product lines. It will also generate substantial synergies by leveraging both companies’ R&D and manufacturing resources to accelerate Delta’s overall EV business expansion.News Center - Delta to Acquire TB&C, a Leading Provider of Automotive High-voltage Hybrid Components, to Strengthen its EV Business Portfolio - Delta (deltaww.com)
16 January 2023

Rivean Capital to acquire CED Group from BlackFin Capital Partners

De Brauw is advising Rivean Capital on its planned acquisition of the CED Group. The CED Group is a Dutch headquartered company and offers its clients a full range of claims management services, ranging from risk taxation and inspection to emergency assistance, together with (injury) claim loss adjustment and handling, repair in kind and recourse. CED is active in the Property, Mobility and Vitality domains and has a strong cross-border claims organisation. Besides the Netherlands, the CED Group is active in France, Belgium and Spain and has offices in 8 other countries for cross-border claims activities.
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New multinational patent court

The launch of the Unified Patent Court (UPC) on 1 June marks the most radical reform of the European patent system in decades.

The European Patent (EP), actually a bundle of national patents in selected EU member states, will have to make room for European patents with unitary effect (Unitary Patents - UPs), which territorial scope will extend to all 24 participating states and the country-by-country litigation approach will face serious competition from the UPC: an entirely new multinational court for pan- European patent litigation.

The new UPC system offers exciting opportunities for patent holders, as it creates a single approach to patent registration and enforcement across the UPC states. This gives practitioners a new perspective on patent strategy and on enforcement of patent portfolios. At the same time, alleged infringers will be able to establish their market position faster than before by having a UP revoked or by asking for a declaration of non-infringement.

Unified Patent Court
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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

19 July 2023

ACM updates – and clarifies – its guidelines for sustainability claims

On 13 June 2023, the Netherlands Authority for Consumers and Markets (ACM) published its updated Guidelines regarding Sustainability Claims, which replace the ACM's earlier guidelines that were published in 2021. The updated guidelines provide more clarity on what makes sustainability claims compliant with unfair commercial practice rules, and what could make these claims misleading to consumers.
26 April 2023

Anne Marie Verschuur joins De Brauw

We are thrilled to announce that Anne Marie Verschuur will join De Brauw Blackstone Westbroek as partner in our IP practice. Our firm welcomes a renowned expert in the IP, Life Sciences, and Tech sectors, ensuring that our clients continue to receive the best IP advice as our practice continues to develop and prepare for upcoming matters in the Unified Patent Court (UPC).
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.