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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Monday, December 12, 2005Dutch Cross-Border Patent Enforcement is Virtually Dead. IPGEEK Blog reports in view of an Opinion of the Advocate General Mr. PHILIPPE LEGER of the European Court of Justice for Case C-539/03:"[...] The Dutch courts have long been favoured by patent owners for their willingness to provide judgments with EU cross-border effect. Plaintiffs confronted with multinational companies infringing their European patent could sue multiple defendants in one place - The Netherlands – to get an injunction against the defendants in each countries for which the European patent was granted. [...] If the AG’s opinion is endorsed by the Court, than there is little doubt that the cross-border practice by the Dutch Courts is dead. All hopes would be then focused on the future of EPLA, the very promising initiative by some countries to come up with a workable enforcement alternative to the Community Patent, which is currently in an ailing condition too. [...]"For some background, see e.g. here or there.
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