Publications and blogs - BarentsKrans

Publications & Blogs

January 9, 2023
Corporate / M&A

Updated Dutch Corporate Governance Code

The updated Dutch Corporate Governance Code (the Code) was published on 20 December 2022. This may have an impact on articles of association and company rules for executive and supervisory boards. The most significant amendments to the Corporate Governance Code relate to: (i) sustainable long-term creation of value, (ii) the role of stakeholders, (iii) computerisation and (iv) diversity and inclusivity.
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December 16, 2022
Corporate Litigation

A surprise court decision: is it permissible or impermissible?

Recently, the Dutch Supreme Court ruled on whether a Court of Appeal ruling should be classified as an ‘impermissible surprise decision’.
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December 8, 2022
IP & Technology Patents & Technology

Telecoms update | District Court rejects Orope’s invalidity claims against two SEPs of Nokia

On 7 September 2022, the District Court of The Hague (“the Court”) rendered judgment in two final relief proceedings between Orope Germany GmbH (“Orope Germany”) and Nokia Solutions and Networks OY (“Nokia”) regarding the alleged invalidity of two of Nokia’s SEPs.
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October 28, 2022
IP & Technology Life Sciences Patents & Technology Pharma & Regulatory

Pharma Update | Fingolimod Preliminary Injunction also rejected in Appeal

The Court of Appeal of The Hague affirms the first instance decision in which the PI judge of the District Court rejected Novartis’ claim for a preliminary injunction against Mylan.
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September 6, 2022
Commercial Contracts

Attention traders and online marketplaces: new consumer legislation

Professional parties that conclude contracts with consumers remotely (e.g., online) face numerous changes on the back of the entry into force of the Sale of Goods Directive, the Digital Content Directive and the Omnibus Directive earlier this year.
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August 30, 2022
Corporate / M&A Finance

ESG: what is it and is it becoming ever more important?

ESG stands for Environment, Society and Governance. The assessment of a company’s sustainability is based on the impact that company has on the environment (waste, pollution, etc.), the impact on society (working conditions, health and safety, etc.) and how a company is managed (e.g., executive remuneration, diversity and signs of corruption or bribery, etc.).
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July 11, 2022
IP & Technology Life Sciences Pharma & Regulatory

Pharma update | PI judge holds fingolimod 0.5 mg patent provisionally invalid

In its interim relief decision of 21 June 2022 the PI Judge of the District Court of The Hague held Novartis’ EP 2 959 894 (“EP 894”) re fingolimod 0.5 mg provisionally invalid. This is the first substantive PI decision on this matter in Europa, where several proceedings between Novartis and Mylan are pending.
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June 1, 2022
IP & Technology Life Sciences Pharma & Regulatory

Pharma update | Apixaban patent and SPC provisionally held invalid

In its decision of 10 May 2022 in PI proceedings between Bristol-Myers Squibb Holdings Ireland Unlimited Company (“BMS”) and Sandoz B.V. (“Sandoz”), the PI judge of the District Court of The Hague denied BMS’ claim for injunctive relief regarding the sale of generic apixaban by Sandoz. According to the Judge, there is no inventive step due to lack of plausibility and therefore a good chance that the patent (and the SPC) will be held invalid in final relief proceedings.
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May 12, 2022

Jason van de Pol contributed to ICLG’s Netherlands Chapter of Project Finance 2022

Jason van de Pol has contributed to the Netherlands chapter of Project Finance 2022 of the International Comparative Legal Guides (ICLG). Written in a Q&A format, the chapter covers common issues in project finance laws and regulations, including security rights, insolvency matters and local law  restrictions.
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April 29, 2022
IP & Technology Patents & Technology

Court finds Mammoet’s press release unlawful

Huisman had issued a press announcement that it had concluded an agreement with BMW for the design and construction of a so-called “ringer crane”. Following Huisman’s press statement, Mammoet issued a press release entitled “Mammoet starts investigation of patent infringement by Huisman and BMS”, in which it refers to the ringer crane to be built by Huisman. Huisman sued Mammoet, arguing that the suggestion that Huisman was committing patent infringement was unlawful. The Provisions Judge of the District Court in…
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April 26, 2022
IP & Technology Patents & Technology

BarentsKrans repels Novartis’ bid for fingolimod PI

The District Court of The Hague (Provisions Judge) has rejected Novartis’ application, based on a patent application, for a preliminary injunction (PI), meaning Mylan can market its generic drug containing fingolimod in the Netherlands at least prior to the grant of the patent. The EPO’s Technical Board of Appeal had recently cleared the way for the granting of the patent-in-suit.
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April 4, 2022
IP & Technology Patents & Technology

Pharma update | Market entry of generic fingolimod before patent grant is not unlawful

In its interim decision of 22 March 2022 the PI judge of the District Court of The Hague ruled in the PI proceedings in Novartis v Mylan that the market entry by Mylan with its generic fingolimod 0.5mg product prior to Novartis’ patent entering into force, is not unlawful. Given the very short time between summons and hearing, the PI judge further held that the case should be stayed until 17 May for further assessment of the invalidity defences, allowing…
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