Following the practice of speedy proceedings and decisions in IP cases before the Dutch courts at first instance, the Court of Appeal in The Hague has recently announced that from September 1 2012 they will introduce a shortened procedure as alternative to the normal appeal. One of the prerequisites in such a procedure is that both parties agree to it and stick to its indicated timelines.
This shortened procedure requires that parties and the Court use email communication and that the procedural aspects of the case are directed by one director-appeal judge. The parties are asked to only introduce short written documents and not to bring forward new aspects that have not been discussed in the case before first instance. Also filing of a counterclaim is – in principle – not allowed.
The new procedure is only available at the request of both parties. Central to the procedure is a meeting in chambers that is arranged for both the pleadings and the taking of evidence. As a decision is given within eight weeks of this meeting, the total procedure, calculated from the time of filing the writ, should be finished within about 7-10 months.
With this speedy procedure, the Dutch courts again demonstrate that they are among the best courts in Europe for deciding IP cases, especially patent cases. One of the advantages is that there are preliminary procedures, which both in first instance and appeal can provide preliminary measures at very short notice. Next to speed, the Dutch courts in first instance and in appeal are renowned for their professional expertise, both in the legal and the scientific field. Lastly, the Dutch courts are notorious for their willingness to provide cross-border decisions, a strategy that has recently been approved by the Court of Justice of the EU for preliminary procedures (see our international briefing in the September issue).
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Bart van Wezenbeek |
Vereenigde Octrooibureaux NV
Johan de Wittlaan 7, 2517 JR The Hague
The Netherlands
Tel: +31 70 416 67 11
Fax: +31 70 416 67 99
