Courts in the Netherlands assume jurisdiction to grant cross-border injunctions in infringement cases involving intellectual property rights under certain conditions.
This practice is not uncontroversial in Europe. The discussion regarding the admissibility to grant cross-border injunctions revolves around the interpretation of the rules on jurisdiction set out in – what is now – Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments (the “Regulation“). On 29 March 2012, the Advocate General (“AG“) of the Court of Justice (“CJ”) rendered an opinion endorsing the on-going Dutch cross-border practice in preliminary injunction proceedings and possibly reopening the door for cross-border injunctions in main proceedings under limited conditions.
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De Brauw Blackstone Westbroek
Claude Debussylaan 80
1082 MD Amsterdam
The Netherlands
P.O. Box 75084
1070 AB Amsterdam
The Netherlands
