At Dirkzwager, our specialized team of IP-lawyers acts for parties in legal proceedings regarding the infringement of Intellectual Property rights before the Dutch and Benelux courts, the BOIP and EUIPO.
Intellectual Property litigation (IP Law)
We navigate the field of Dutch Intellectual Property Law litigation, which covers inter alia: copyright litigation, trade mark litigation, trade name litigation and domain name litigation, design litigation, and trade secrets litigation.
Enforcement of intellectual property rights
Dirkzwager advises and litigates in legal matters concerning the enforcement of intellectual property rights. With our highly experienced team of intellectual property lawyers we are specialized in the enforcement of intellectual property right, amongst others by sending cease and desist letter, initiating and defending seizures of infringing products, seizing evidence, starting legal proceedings against infringements in summary proceedings, proceedings on the merits and appeal proceedings.
Under Dutch law, the implementation of the Enforcement Directive and the Dutch Procedural Code provides a complete set of legal measures, procedures and remedies allowing IP-rights holders to protect their IP-rights before Dutch courts, such as:
- applying for a preliminary injunction and other provisional and precautionary measures;
- seizure orders and the freezing of assets
- measures for preserving evidence
- demanding information on the origin and distribution of goods or services
- a recall
- claims for damages and loss of profit claims, as well as claims for procedural costs; and
- the publication of judicial decisions and/or a rectification.
Proceedings before the BOIP and EUIPO
As trade mark law and design law in the Netherlands is part of the Benelux Convention on Intellectual Property rights, and as a result of opposition proceedings and newly introduced cancellation proceedings in trade mark matters, parties can also litigate in administrative proceedings before the Benelux Office of Intellectual Property rights.
Because Intellectual Property rights are Europeanly harmonized to a great extent, we also represent clients in proceedings before the EUIPO, the European Union Intellectual Property Office, for instance in cancellation proceedings in trade mark and design matters and other IP case law.
Legal proceedings an IP-contracts
Our IP lawyers also advise and litigate in matter related to IP-contracts and IP-contracting, such as license agreements, commercial contracts, distribution, Non-Disclosure Agreements (NDA’s) and have a wide experience with all sorts of IP-related matters in IP-contracts. We can also advise on best practices in IP-contracting.
As such, the prohibition of know how and other confidential information is usually part of IP-litigation as well. We also have extensive experience in trade secrets litigation and seizure of evidence court proceedings.
IP lawyers in the Netherlands
Concerning the Intellectual Property Litigation in The Netherlands, the Dutch attorneys of Dirkzwager will assess you legal position in the Netherlands under Dutch, Benelux and EU law in determining the best strategy in IP-litigation. We’re here to help you.
