Tobias has a broad litigation practice, with particular focus on cross border litigation, Supreme Court litigation, litigation before the European Courts of Justice and intellectual property law. This includes tax planning related state aid litigation, soft IP litigation and Supreme Court patent litigation. Tobias regularly advises multinationals and foreign counsel on litigation strategies in the Benelux, the EU and beyond. He also provides strategic IP advice in complex M&A transactions.
Chambers Europe 2019, highlights Tobias’ “vast experience before Dutch national courts, the Dutch Supreme Court and the ECJ.” He has been involved in most of the landmark decisions heard by the Supreme Court of the Netherlands in the past five years, giving Tobias an unrivalled track record in ECJ litigation: a “rock star with a formidable intellect, deep experience [able to] provide pitch-perfect advice” (Legal 500).
As a renowned litigator, Tobias’ team also appear in the top tier of all leading rankings for IP. Legal500 explains how “the team [uniquely] combines its IP expertise with its litigation, corporate, and competition skills to provide a full service to both regional and international clients”.
The World Trademark Review similarly acknowledges that “with its bench of 150 litigators, De Brauw Blackstone Westbroek is in pole position to handle must-win cross-disciplinary disputes. The famous Tobias Cohen Jehoram spearheads the Dutch IP group at this dynamic commercial firm. ‘He is a superb Supreme Court litigator with many years of experience. Having taken the lead in many landmark litigations, he has developed a reputation in the Netherlands for being an intellectual powerhouse. Everyone has Tobias’s book on their desk’. Cohen Jehoram thrives on a challenge and is sought out for the most complex big-ticket disputes. His client roster includes prominent Dutch nationals such as Royal Dutch Shell, along with high-profile foreign corporations.”
Tobias is co-author of the leading handbook series Industriële eigendom (3 volumes), and is part-time professor of IP Law at the Erasmus University in Rotterdam.
His recent work includes representing and advising on:
30 March 2021
16 June 2020
Dutch regulator guidelines on online consumer protection – what these mean in practice
28 January 2020
16 December 2019
ECJ provides more options for forum shopping in connection with Community designs
15 October 2019
The General Court’s Starbucks and FIAT rulings: what’s new and what’s not
15 October 2019
How general counsel can respond to the Starbucks and FIAT judgments
17 July 2019
Trend: parallel trade and geo-blocking in the distribution chain scrutinised
17 April 2019
ECJ’s landmark ruling on “skinny labeling” impacts practice for generic medicinal products
14 March 2019
Plant-related patent uncertainty as European Patent Office changes view again
31 January 2019
Commission’s Nike investigation – why it can be important for other Dutch tax rulings
15 January 2019
13 December 2018
ECJ: taste of food cannot be protected by European copyright law
14 November 2018
The new reality of trade secret protection: EUTSD implemented by majority of Member States
7 September 2018
8 June 2018
No accounting for taste: CJEU considers copyright protection of food tastes
17 May 2018
New legislation puts Netherlands on the map as venue to fight trade secrets infringements
17 May 2018
Important Benelux trademark law changes: check your protection strategy
15 February 2018
15 February 2018
Dutch Supreme Court limits copyright protection for preparatory material of software
18 January 2018
Unified Patent Court in jeopardy, trade secrets better protected, and EMA set to move
14 December 2017
Dutch proposal implementing European Trade Secrets Directive published
16 November 2017
Jurisdiction important when opting for arbitration in IP disputes
16 November 2017
Dutch Supreme Court landmark ruling on second medical use patents has international impact
8 August 2017
European Patent Office amends rules for plant and animal patents
13 July 2017
CJEU rules on copyright protection in the online environment
13 June 2017
US Supreme Court rules in landmark case on patent exhaustion
7 June 2017
US Supreme Court rules in landmark case on patent exhaustion
12 May 2017
US federal trade secrets legislation reaches one-year anniversary
13 March 2017
Software licensees should review software licences to address risks of indirect use
13 March 2017
Commission and Council positions signal end of plant-related patents
13 December 2016
UK’s intention to ratify UPCA brings existence of a single European patent court closer
14 September 2016
ECJ: hyperlinks to unauthorised content may infringe copyright
10 March 2016
Top-tier rankings for De Brauw in Managing Intellectual Property IP Stars 2016
14 January 2016
10 November 2015
12 October 2015
Keeping it secret: start preparing for Trade Secrets Directive
9 September 2015
Well-known Community trademark may be protected in member state where it has no reputation
9 September 2015
New copyright contract law aims to improve position of authors and performing artists
10 June 2015
New measures to counter abuse of intellectual property in China
11 May 2015
ECJ to decide on online linking to content without copyright holder’s consent
11 March 2015
De Brauw Blackstone Westbroek IP Contentious Firm of the Year 2015
11 March 2015
Website’s local accessibility determines competence of court
9 February 2015
ECJ: distribution right not exhausted if a reproduction changes medium
10 November 2014
10 November 2014
Trade secret protections in the US at federal level for those observing appropriate measures
13 October 2014
The European Court allows libraries to digitise books without copyright holder’s consent
13 October 2014
European Court of Justice explains exclusions for three-dimensional trademarks
10 September 2014
Effective ‘notice & take down’ procedure vital for Usenet provider
10 September 2014
European Court clarifies when parody on copyrighted work is allowed
9 July 2014
Advertising in social media now regulated in the Netherlands
11 June 2014
China’s new trademark law strengthens position of trademark owners
11 April 2014
9 April 2014
European Parliament carries amendments to revision of European trademark system
9 April 2014
Trademark owners should monitor use of their trademark at all levels
10 March 2014
ECJ helps IP owners battle online sales of counterfeit goods
10 March 2014
13 January 2014
ECJ ruling on meta search engines strengthens position of database right holders
13 January 2014
New Anti-Piracy Regulation offers more protection for IP right holders
9 December 2013
Recorded music protected for 70 years and position of lesser known artists improved
3 December 2013
28 November 2013
EC proposes a new directive on the protection of trade secrets
11 November 2013
10 October 2013
Not always smart to clear your name via the courts after insults on Facebook
10 October 2013
10 October 2013
New legislative proposals regarding the European trademark system
10 October 2013
Important changes take effect for the registration of Benelux trademarks and designs
17 March 2013
Update: Draft legislation EU Trademark System officially launched
15 March 2013
Overhaul of EU Trademark System imminent: draft legislation leaked
20 December 2012
Genuine use of a Community trademark in one EU country can be sufficient
30 October 2012
Hosting provider found liable for damages caused by hosted website
19 October 2012
Online database infringement takes place in targeted Member State
27 September 2012
16 July 2012
European Court of Justice gives its blessing to Dutch cross-border practice
6 July 2012
UsedSoft v Oracle opens up market for second-hand software licences
6 July 2012
2 July 2012
Court of Justice: use of class headings in trademark registration is a risk
27 June 2012
3 April 2012
De Brauw Blackstone Westbroek
Claude Debussylaan 80
1082 MD Amsterdam
The Netherlands
P.O. Box 75084
1070 AB Amsterdam
The Netherlands