Tuesday, 14 July 2015

Netherlands making plans for local division unified patent court

I've just heard that the Dutch government has decided to have a local division of the unified patent court in the Netherlands. 

About two months ago an Internet consultation was started on proposed revisions to the Dutch patent law. The revision of the patent law would be adopted together with ratification of the Agreement on a unified patent court by the Netherlands. The Internet consultation did not give any indication whether or not the Netherlands would have its own local division of the unified patent court. 

Until now, there seemed to be a real possibility that the Netherlands would not have its own court. This would mean that all unitary patent disputes involving Dutch companies would go to foreign courts. Moreover, in due course, after the transitory period all European patent disputes would be handled by the unified patent court. 

In an interview with the Dutch newspaper 'Financieele Dagblad' of June 1, 2015, Hoyng a leading Dutch patent litigator remarked about the lack of a Dutch local division
That is very disappointing. The Netherlands should be leading with a European patent court, especially now we are always boasting about innovation. Germany is already busy promoting its court. We are in danger of losing the battle.
However, it seems now that the Dutch government will have a local division after all. I think this is good news. Although any one of the divisions of the unified patent court can rule over infringement in the Netherlands (as long as jurisdiction rules are satisfied) it is still good if local companies, especially smaller companies, have easier access to a judge when there is local infringement.

Foto "court of justice" van Edwin van Buuringen verkregen via Flickr onder een CC-By 2.0 licentie  (foto is ongewijzigd).

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