Pharma Alert | The Hague District Court rejects invalidity action Accord and Sandoz against enzalutamide patent
The Hague Court upholds enzalutamide patent, rejecting generics’ invalidity claims due to hindsight-based reasoning.
Publications & Blogs
Private enforcement of the Digital Markets Act (DMA)
The Digital Markets Act (DMA) has been in force since 1 November 2022. Two and a half years later, the European Commission issued its first two non-compliance decisions, fining Apple and Meta for breaching the DMA. These landmark decisions open the door for injured parties to initiate follow-on damage proceedings. This blog explores how such private enforcement can take place in the Netherlands.
Important Opinion on Article 7(2) jurisdiction in mass litigation
Two group litigants have sued Apple before the Amsterdam district court, seeking compensation on behalf of millions of Dutch consumers who suffered from the restrictive way Apple manages the purchase of apps on its devices.
Pharma Alert | BMS’ apixaban patent upheld in merits proceedings against Sandoz and Teva
Sandoz’ and Teva’s invalidity arguments were dismissed and an injunction against Sandoz was awarded.
Failure to respond timely to employee’s request for permanent contract leads to conversion to permanent contract
In the Netherlands, a fixed-term employment contract can be agreed a maximum of three times in a three-year period. After that, the employment contract is indefinite. Before the end of each fixed-term employment contract, the employer must notify the employee whether the employment contract will be extended, and if so, under what conditions.
Pharma Alert | Novartis/Pharmathen decision confirmed on appeal
Producer of soja based meat substitute products falls within scope rules of the mandatory pension fund for convenience products
Dutch Supreme Court upholds Appeal Court’s ruling that producer of soja based meat substitute products falls within scope rules of the mandatory pension fund for convenience products, because their meat replacing products qualify as hamburgers, meat balls or ‘frikandellen’.
Netherlands: restrictions on restrictive covenants
On 4 March 2024, the Dutch (outgoing) cabinet presented a bill to tighten the rules around non-compete clauses in employment contracts.
Recap of Dutch Supreme Court rulings on vacation law from 2023
During 2023 the Dutch Supreme Court issued three principal rulings on vacation law. This article provides an overview of the highlights.
2023 employment round-up
A labour market reform was announced in 2022. A major part of it would be worked out in 2023. 2023 was therefore a year eagerly awaited. On 7 July 2023, Prime Minister Mark Rutte’s cabinet fell. With that, these plans were in jeopardy and Dutch citizens had to go to the polls for national elections. At the time of writing this article, no government has yet been formed, so it is not yet clear what will happen to the reform…
Waiver non-compete in exchange for payment: Dutch court slams employer
The Dutch regulations that govern non-compete clauses are employer friendly. There are no conditions for validity, other than that the clause must be completed in writing with an employee of age.
Sustainability reporting: the ESRS reporting standards
To ensure an uniform application, the CSRD requires companies to follow the European Sustainability Reporting Standards (ESRS). Where the CSRD prescribes the who, what, where and when of reporting, the ESRS prescribes in detail how to report. In this blog, we take a closer look at the ESRS and their systematics.