2019
  • Jan
    2019
    ———

    Successfully represented a wholesale international trade pharmaceutical products company as plaintiff in summary proceedings before the Appeal Court of Leeuwarden. The first instance decision was overruled by the Appeal Court on the basis that the executive bailiff had not acted within the boundaries of the interim judge’s leave and that the first instance interim judge had wrongly granted access to the seized information. Consequently, the Appeal Court ordered the defendants in appeal not to use any of its falsely gained information. The decision was published: ECLI:NL:GHARL:2019:293

    Corporate litigation IP & pharma
  • 2018
  • Oct
    2018
    ———

    Acted as respondent to the cassation lawyer in Supreme Court litigation following the appeal proceedings over copyright infringement on the design of mooncake packaging. In first instance, the court refuted the copyright infringement claims; this was partly overturned by the appeal court’s decision. On 12 October 2018 the advocate-general rendered its opinion to the Supreme Court.

    IP & pharma
  • 2017
  • Nov
    2017
    ———

    Represented one of Europe’s largest forwarding companies in trademark infringement proceedings regarding the extent of liability of intermediaries in international trade. The matter is pending before the Dutch national EU trademark court in The Hague and concerns legal questions that are at the crux of free movement of goods and the scope of trademark rights owners’ protection. 

    Commercial contracts & litigation IP & pharma
  • Sep
    2017
    ———

    Represented a wholesaler in the international trade of pharmaceutical products in summary proceedings whereby access to certain documents was claimed following an ex parte seizure at the premises of the defendant. The appeal proceedings are pending.

    Commercial contracts & litigation IP & pharma
  • Sep
    2017
    ———

    Acted as defence counsel for Orifarm A/S in summary proceedings concerning the alleged infringement of Allergan, INC’s second medical use claims for its Botox patent. The claims were refuted and Allergan did not appeal the decision.

    Commercial contracts & litigation IP & pharma
  • Jul
    2017
    ———

    Provided strategic advice to a Rotterdam based real estate company for inter alia hospitality services in one of its centrally located, iconic, office and residential buildings on its filing and Trademark Prosecution portfolio. 

    IP & pharma
  • Jun
    2017
    ———

    Acted as counsel for a claimant of copyright infringement injunctive relief in ex parte proceedings before the provisions judge of the court of Rotterdam.

    IP & pharma
  • May
    2017
    ———

    Acted as defence counsel for a listed spirits’ wholesaler in a court case on parallel importation of goods into the EEA market and the free circulation of goods within the EEA.

    IP & pharma
  • 2016
  • Nov
    2016
    ———

    Acted as counsel in case C-174/15 before the European Court of Justice (judgment 10 November 2016): preliminary questions on the interpretation of the European copyright directive. The questions concerned the remuneration to which authors and publishers are entitled in case of 'e-lending' of eBooks by Dutch libraries.

    ECJ 10 November 2016, case C-174/15, Vereniging Openbare Bibliotheken/Pictoright Interpretation Directives 2006/115/EC and 2001/29/EC. E-lending and copyright.

    IP & pharma EU, state aid & competition law
  • Oct
    2016
    ———

    Advised a foreign company on its entry to the Dutch food delivery market. Advice given on the company’s intellectual property structure, licensing contracts and terms of use.

    Commercial contracts & litigation IP & pharma
  • Sep
    2016
    ———

    Defended a leading Dutch pipeline inspection company against a disclosure of evidence claim in interim relief proceedings before the District Court of The Hague. This was  the sole first-instance court in patent cases in The Netherlands. The Dutch defendant was the proprietor of the source code that allegedly infringed claimant’s US patent. All claims were denied. ECLI:NL:RBDHA:2016:11387

    IP & pharma
  • 2015
  • Aug
    2015
    ———

    Defended Orange Financial Lease against the trade name infringement claims of claimant Financial Lease Nederland.

    IP & pharma
  • Jul
    2015
    ———

    Acted as counsel before the European Court of Justice in case case C-379/14: preliminary question whether a trademark proprietor can oppose the import of its trademark products and the placing of these goods under a suspension regime on excise duties.
    ECJ 16 July 2015, case C-379/14, Top Logistics/Bacardi, ECLI:EU:C:2015:497

    IP & pharma EU, state aid & competition law
  • Jun
    2015
    ———

    First-instance court litigation concerning an alleged copyright infringement on behalf of Dutch defendant Mei Sum Food against Maxim’s Caterers Ltd. of Hong Kong. Infringement claims, access to seized documents claims and ancillary claims were refuted.

    IP & pharma
  • Mar
    2015
    ———

    Represented a Dutch party organisation in its injunction order against defendant’s use of the trade name, domain name and Facebook page for “S’Oranje” in relation to King’s Day festivities under that name (ECLI:NL:RBROT:2015:2166).

    IP & pharma
  • Feb
    2015
    ———

    Represented a certification institute in a defamation case against a press medium. Defendant was ordered immediately to cease and desist from publishing news articles about claimant and was ordered to remove and correct the disputed blogs on its website.

    IP & pharma
  • 2014
  • Oct
    2014
    ———

    Litigation before the interim judge of the Dutch EU trademark court concerning the seizure of infringing goods in relation to the Anti-Piracy Regulation. Represented  the defendant and the claim to have the seizure lifted was refuted.

    Corporate litigation IP & pharma
  • 2013
  • Oct
    2013
    ———

    Represented a Dutch leisure boats’ manufacturer in appeal court litigation concerning copyright infringement of a competitor’s designs. In first instance and on appeal the claims were refuted.

    Corporate litigation IP & pharma
  • 2010
  • Dec
    2010
    ———

    ECJ 22 December 2010, case C-120/08, Bavaria / Bayerischer Brauerbund, ECR  (2010)p. I-13393. Legality of geographical indication "Bayerisches Bier" (see also case C-343/07). Priority rules between trademark and geographical indication.

    IP & pharma
  • 2009
  • Jul
    2009
    ———

    ECJ 2 July 2009, case C-343/07, Bavaria/Bayerischer Brauerbund, ECR (2009) p. I-5491
    Legality of geographical indication "Bayerisches Bier". I Illegality of Regulation 2081/92 and Regulation 1347/2001.

    IP & pharma EU, state aid & competition law
  • 2007
  • Sep
    2007
    ———

    ECJ 20 September 2007, case C-371/06, Benetton / G-Star, ECR (2007) p. I-7709
    Trade mark law. A shape as a trademark.

    IP & pharma
  • 2005
  • Oct
    2005
    ———

    ECJ 18 October 2005, case C-405/03, Class / SmithKline Beecham, ECR (2005) p. I-8735 Trade mark law.
    Exhaustion of rights. Transit trade and burden of proof.

    IP & pharma
  • Jul
    2005
    ———

    ECJ 14 July 2005, case C-41/03 P, Rica Foods, ECR (2005) p. I-6875
    Trade law. Restrictions on imports from OCTs.

    IP & pharma
  • Jul
    2005
    ———

    ECJ 14 July 2005, case C-40/03 P, Rica Foods, ECR (2005) p. I-6811 Trade law. Trade restrictions on imports from OCTs.

    IP & pharma
  • 2004
  • Sep
    2004
    ———

    ECJ 7 September 2004, case C-127/02, Waddenvereniging, ECR (2004) p. I-7405 Environmental law. Interpretation Habitat Directive.

    IP & pharma
  • Feb
    2004
    ———

    ECJ 12 February 2004, case C-236/02, Slob I, ECR (2004) p. I-1861
    Agricultural law. Dairy market.

    IP & pharma
  • 2003
  • Sep
    2003
    ———

    ECJ 30 September 2003, case C-167/01, Inspire Art, ECR (2003) p. I-10155. Right of free establishment.
    Legality of restriction on the establishment of foreign companies.

    IP & pharma
  • 2002
  • Feb
    2002
    ———

    ECJ 26 February 2002, case C-23/00 P, Boehringer Ingelheim / Council, ECR (2002) p. I-1873
    Registration of veterinary medicines. Legal protection.

    IP & pharma
  • 2000
  • Dec
    2000
    ———

    ECJ 14 December 2000, cases C-300/98 and C-392/98, Dior / Tuk and Assco / Layher, ECR (2000) p. I-11307 Trademark law.  Direct effect of TRIPS (WTO).

    Corporate litigation IP & pharma
  • Feb
    2000
    ———

    ECJ 8 February 2000, case C-17/98, Emesa, ECR (2000) p. I-675 Trade law import registration on Overseas Countries & Territories (OCTs). Sugar market.

    IP & pharma EU, state aid & competition law
  • Feb
    2000
    ———

    ECJ 4 February 2000, case C-17/98, Emesa, ECR (2000) p. I-665
    Decision on procedural issues.
    European Convention Human Rights.

    IP & pharma
  • Feb
    2000
    ———

    ECJ 10 February 2000, case C-202/97, Fitzwilliam, ECR (2000) p. I-883
    Social security of migrating employees. 
    Regulation 1408/71.

    IP & pharma
  • Jan
    2000
    ———

    ECJ 11 January 2000, cases C-174/98 P and C-189/98 P, Gerard van der Wal / Commission, ECR (2000) p. I-1 Public access to Commission documents.

    IP & pharma
  • 1999
  • Feb
    1999
    ———

    ECJ 23 February 1999, case C-63/97, BMW / Deenik, ECR (1999) p. I-905
    Free movement of goods and services.
    Trademark law. Exhaustion of rights.

    Corporate litigation IP & pharma EU, state aid & competition law
  • 1998
  • Dec
    1998
    ———

    ECJ 17 December 1998, case C-364/98 P(R), Emesa, ECR (1998) p. I-8815 Injunction (appeal). Import restrictions on Overseas Countries & Territories (OCTs).

    IP & pharma
  • Dec
    1998
    ———

    ECJ 17 December 1998, case C-363/98 P(R), Emesa, ECR (1998) p. I-8787
    Injunction (appeal).Import restrictions on Overseas Countries & Territories (OCTs).

    IP & pharma
  • 1997
  • Nov
    1997
    ———

    ECJ 11 November 1997, case C-349/95, Loendersloot / Ballantine, ECR (1997) p. I-6227
    Free movement of goods.
    Re-labelling of luxury products.
    Trademark law.

    IP & pharma
  • Jul
    1997
    ———

    ECJ 9 July 1997, case C-316/95, Generics / Smith Kline & French, ECR (1997) p. I-3929. Free movement of goods. Registration of pharmaceuticals.
    Patent law.

    IP & pharma
  • 1995
  • May
    1995
    ———

    ECJ 10 May 1995, case C-384/93, Alpine Investments, ECR (1995) p. I-1141. Free movement of financial services.
    Legality of  national prohibition on "cold calling".

    IP & pharma
  • 1992
  • Oct
    1992
    ———

    ECJ 28 October 1992, case C-219/91, Ter Voort, ECR (1992) p. I-5485
    Free movement of pharmaceuticals.
    Definition of the concept of pharmaceutical.

    IP & pharma
  • 1990
  • Nov
    1990
    ———

    ECJ 6 November 1990, case 354/87, Weddel I, ECR (1990) p. I-3847
    Legality of trade restrictions. Import of beef from South-America.

    IP & pharma
  • 1981
  • Oct
    1981
    ———

    ECJ 6 October 1981, case 246/80, Broekmeulen / KNMG, ECR (1981) p. 2311
    Free movement of persons.
    Recognition of  general medical practitioners’ qualifications.

    IP & pharma