IP and Technology
BarentsKrans has a long-standing tradition in intellectual property law and has earned an excellent reputation in this field. The litigation and advisory services of our IP & Technology practice group encompass patents, technology transfer and know-how, trade marks and advertising, trade names, design rights, plant variety rights, domain names and related internet and e-commerce issues, copyright and software. Clients include companies from various industry sectors, such as the pharmaceutical industry, the food & beverage industry, life sciences, construction, electronics, fashion, furniture, transportation and retail.
The IP & Technology practice group has extensive experience in litigating cases before various courts, such as the District Courts, the Courts of Appeal and the Supreme Court of The Netherlands and before the Benelux Court of Justice and the European Court of Justice. We have represented clients in a number of landmark cases in the field of IP, such as Dior/Evora, BMW/Deenik, Spiro/Flamco and Generics/Smith Kline & French Laboratories. Our IP litigation practice encompasses conducting (accelerated) proceedings on the merits, as well as interim relief proceedings, amongst which cross border injunction proceedings in patent and trade mark cases. The attorneys in our practice group regularly represent clients in the field of pharmaceuticals, life sciences and medical devices from Japan, the USA, the UK and Germany. We were successful in opening up the Dutch market for the generic medicine omeprazole, one of the biggest blockbusters in recent years. With its groundbreaking patent litigation, regulatory work and expertise, our IP & Technology practice group has positioned itself as an important player in this field. Since in such cases, litigation is often conducted simultaneously in a number of countries, we are used to working closely together with lawyers in other jurisdictions. For strategic reasons, the Benelux is often chosen as a ‘test jurisdiction’ for patent and trade mark cases. The type of proceedings that is chosen in the Netherlands is tailored to the international litigation strategy.
Our experts are well aware that in trade mark matters quick, efficient and effective action is required. For instance, we work closely together with customs authorities to prevent infringing products from entering Europe through border measures and other means of customs intervention against infringers, and through seizure of infringing products and of related evidence.
Besides conducting litigation, our IP attorneys advise on how to protect, strategically manage and exploit IP and establish contacts with investors, partners and public authorities. We negotiate, draft and review agreements on technology transfers, R&D, licensing and distribution. In addition, the IP practice group conducts IP audits and IP due diligence surveys.
For our IP & Technology practice group The Hague is the perfect place to be. Many intellectual property organisations have their offices in and around The Hague, such as the Benelux Office for Intellectual Property and the local branch of the European Patent Office. The The Hague District Court and Court of Appeal have exclusive jurisdiction in patent cases and cases on plant variety rights. In addition, they have exclusive jurisdiction regarding disputes on Community trademarks and Community designs. The Court of Appeal of The Hague also serves as the appeal body concerning the registration of trademarks rejected by the Benelux Office for Intellectual Property.