News
Dutch Appeal Court grants injunction against unwilling licensee
On 7 May 2019 the Court of Appeal The Hague rendered its decision in a SEP dispute between Philips and Asustek. The Court found that Asustek did not act in good faith in the negotiations about a FRAND license and granted Philips an injunction The dispute between Philips and Asustek has been ongoing since 2015,
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Interim decision Court of Appeal in SEP proceedings
In a recent interim decision, the The Hague Court of Appeal cleared the road for a full-fledged FRAND decision by declaring the litigated SEP both valid and infringed. A separate, final decision on whether an injunction can be granted against French smartphone manufacturer Wiko SAS will be given after parties have had the opportunity to
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Legal 500 highlights 24 BarentsKrans-laywers in the 2019-edition
This week Legal 500 released their 2019 rankings. As in previous years, BarentsKrans is mentioned several times in this leading, international guide for the legal profession. Again we are beyond proud and grateful of these honourable mentions. Developing Legal 500 rankings Legal 500 highlights those lawyers that provide the most cutting edge and innovative advice
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Pharmacist’s exemption in Dutch Patent Act
On 1 February 2019 the so-called pharmacist’s exemption was introduced in article 53 (c) of the Dutch Patent Act (“Rijksoctrooiwet”). Pharmacists are now, under certain conditions, allowed to prepare medicinal products that are covered by a patent. This undermines the patentee’s exclusive right. What is the scope of this new exemption? Article 53 (c) of
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Chambers Europe 2019 about BarentsKrans: fast, flexible and reliable advice
Chambers Europe 2019, the guide that provides an overview of law firms and lawyers in Europe, has just been released. We are very proud to have received numerous honourable mentions once again. BarentsKrans has been ranked in six different practice areas. Ten of our lawyers have been recommended by name. Chambers and Partners publish their
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Pharma update | Court of Justice EU: Dutch MEB must publish skinny label
In response to questions referred by the The Hague Court of Appeal in the case of Warner- Lambert Company LLC vs. The State of the Netherlands, the Court of Justice for the European Union ruled that the Dutch MEB is held to publish, upon request of the applicant of a marketing authorisation, the “skinny label”
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Telecoms update: NL Court of Appeal about to shed light on FRAND issues
For the first time since the CJEU decision in Huawei v ZTE, the Dutch Court of Appeal has the opportunity to provide insight into how the FRAND-ness of the business conduct of a SEP-owner is to be assessed. After a long period of silence in Dutch case law on FRAND-issues, there are promising developments ahead,
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Rankings Chambers Global 2019: again great results for BarentsKrans
Chambers Global 2019 was published today, the guide that provides a global overview of five international jurisdictions. BarentsKrans has a number of wonderful mentions for Corporate/M&A, Intellectual Property and Dispute Resolution. Feedback from clients and peers The yearly Chambers ranking lists are based upon feedback received from clients as well as peer reviews. Chambers is
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A filing emergency?
LEGAL POSSIBILITIES AGAINST LARGE-SCALE TRADE MARK FILERS & TRADE MARK SQUATTERS, PART 1: A mysterious trade mark filer called Michael Gleissner Trade mark squatters are a widespread IP phenomenon that every major trade mark owner shall, unfortunately, be familiar with. Recent developments in the trade mark world have led to new attention for actions by
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Pharma update: SPC for ezetimibe + simvastatin provisionally invalid
In its judgment in interim relief proceedings of 23 October 2018 in the case Merck Sharp & Dohme Corp. / Teva Nederland B.V., Pharmachemie B.V. and Centrafarm B.V. the Court of Appeal of The Hague denied Merck Sharp & Dohme’s claim for injunctive relief regarding the sale of a generic combination product of ezetimibe +
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