Dutch law offers the facility to issue a seizure order under certain circumstances. There are various types of seizure. A seizure may relate to the securing of evidence, such as a seizure of evidence combined with a seizure for inspection, surrender or even sampling. If you fear that a third party will quickly dispose of the facilities for redress in its possession, you can also issue a seizure order prior to any proceedings. This may involve, for example, an attachment on products or a claim to someone's funds at the bank. A permission to issue a seizure order must be obtained from the competent judge hearing the application for interim relief. Our lawyers have expertise and experience in the submission of these requests to the court and can advise you on these matters.
Once you have a judgment from the court, you usually have an enforcement instrument with which you can issue a distraint order. With this, someone can, for example, actually be ‘forced’ to surrender or destroy specific goods or pay a specific amount.
Various types of seizure are possible. Our experts will advise you on the best type of seizure and objects for seizure. In addition, they will arrange the seizure for you, from submission of the seizure request and issue of the seizure order through to the follow-up procedure.
Procedural: Compensation and legal costs
You can claim compensation or a profit payment in proceedings relating to an infringement of your intellectual property rights. It is often required that the exact scope of the loss is established in separate proceedings, referred to as the loss assessment proceedings. The loss is then established on the basis of the data to be provided by the infringer relating to the scope of the infringement. The claimant must furthermore request the provision of these data.
The implementation of the European enforcement directive makes it possible to claim payment of the full legal costs in proceedings relating to intellectual property rights. This means that the winning party has its reasonably and proportionally incurred costs paid, whereas the losing party must pay its own costs and those of the other party.
Procedural: Patent infringement notice
A prerequisite for claiming and receiving compensation due to patent infringement in patent proceedings is that the infringing party knows or has reasonable grounds to know that it is committing an infringement. This can be done, inter alia, by serving a patent infringement notice on the infringing party. The issue of a patent infringement notice is mandatory in the case of a claim for compensation from a third party who infringes your patent when it is still in the application phase. It is therefore vital to warn the infringer as quickly as possible following the discovery of the infringement. Arnold + Siedsma can draw up a patent infringement notice for this purpose and advise you on the next steps in the proceedings.