Intellectual Property
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
De Brauw advises Heineken on sale of Vrumona factory
De Brauw assisted Delta Electronics, Inc. in the acquisition of HY&T Investments Holding B.V. and its subsidiaries
Rivean Capital to acquire CED Group from BlackFin Capital Partners
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.
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.”
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.”
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.”
