Intellectual Property, AKD updates


Contributed by AKD
Competence of district courts in summary proceedings relating to EU community designs
  • Netherlands
  • 13 January 2020

The Supreme Court recently requested a preliminary ruling from the European Court of Justice (ECJ) concerning the competence of district courts in summary proceedings relating to EU community designs. An immediate consequence of the ECJ's decision is that district courts other than the one in The Hague will be unable to provide provisional measures in cases relating to EU trademarks.

Court rules on inventor's failure to transfer patent
  • Netherlands
  • 21 October 2019

The Hague District Court recently rendered a judgment regarding an inventor's failure to cooperate with the exploitation of his patents. The claimant had alleged that the defendant's refusal to cooperate with the transfer of the patent to a foundation (which would have subsequently granted the claimant a licence) had prevented it from exploiting the patent, including sub-licensing it to third parties.

'Spreading' a work under Dutch copyright law: the gift that should not have been given
  • Netherlands
  • 26 August 2019

Article 12 of the Copyright Act lists a number of acts that fall within the definition of 'disclosure to the public'. In addition to the more straightforward cases of disclosure, Article 12(1)(2) specifically stipulates that disclosure also includes verbreiding (translated in English as 'spreading') all or part of a work or a reproduction thereof where the work has not yet appeared in print. Although there is little case law on the act of spreading, the subject was recently debated in an Amsterdam Court of Appeal case.

Not all alterations of architectural works result in infringements of moral rights
  • Netherlands
  • 29 April 2019

The Supreme Court recently issued a long-awaited decision on an architect's moral rights of paternity and integrity. In recent years, several Dutch judgments have considered whether architects can oppose changes to their original building designs. The Supreme Court's decision further clarifies that it is difficult for architects to do so where the changes are necessary to alter a building's function.

Assessing the real risk of market partitioning and the burden of proof
  • Netherlands
  • 15 February 2016

A recent interlocutory judgment on assessing the real risk of market partitioning in an unauthorised parallel import case examined the rationale for reversing the burden of proof and whether the risk of partitioning assessment should take place retroactively or not. Rights holders will welcome the judgment because of the high standard it sets for what evidence qualifies as proof of a real risk of market partitioning.

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