Innovation, know-how and marketing have become determining factors for a company’s success. Protecting and maintaining intellectual property (IP) is essential. For many companies, success and growth may be dependent on their intellectual property and innovation strategy.
Our Intellectual Property team works nationally and internationally, both at a Benelux and a European level. We work together with the global specialists in our network, which spans Europe, the U.S. and Asia. We frequently represent clients in the national courts in the Benelux and at the European Court of Justice in Luxembourg. We also apply customs procedures in order to prevent the import, transit and export of infringing goods.
NautaDutilh works for a wide range of corporations and institutions in many sectors. Our spectrum of clients ranges from leading multinationals to innovative start-ups, covering such areas as consumer goods (e.g. luxury goods, fashion and food & beverages) and the life sciences industry (e.g. pharmaceuticals, medical devices, biotechnological products) and healthcare. In addition, NautaDutilh is very active in the telecom, energy, electronics, financial and entertainment sectors.
NautaDutilh advises and represents national and international clients on intellectual property matters. The types of cases we handle include:
In the case of mergers, acquisitions and listings, we vet the ownership, validity and accurate assignment of intellectual property rights. We are also regularly involved in partnering, licence programmes, IP structuring (for strategic and/or tax reasons) and vesting security rights on IP rights.
Europe has kicked off a new era in patent litigation with the introduction of the Unified Patent Court (UPC), which has opened its doors as of 1 June 2023. The UPC system provides the opportunity to have a patent enforced or invalidated with one single stroke in all participating EU Member States.
Our UPC Task Force is dedicated to guide you through these recent, significant changes in the European patent landscape and has a strong presence in all three Benelux countries. The team advises domestic and international clients, from innovative start-ups to leading multinationals, spanning a variety of fields including pharma, biotech and telecoms. Their work encompasses cross-border disputes as well as advisory work (including strategies, licensing and due diligence). The team’s experienced litigators represent clients in our national courts, at the European Court of Justice in Luxembourg, and of course – now that it has entered into force – at the Unified Patent Court.
Patents in the Benelux
The UPC has a strong footprint in the Benelux. Both the Netherlands (The Hague) and Belgium (Brussels) have a Local Division of the court, while Luxembourg is the seat of not only the existing Court of Justice of the EU (from which the UPC may request preliminary rulings regarding EU law) but also of both the Court of Appeal and the Registry. With prominent Dutch and Belgian judges having been appointed to the local divisions and the Court of Appeal, Benelux judges are well represented in the UPC.