9 May 2016Jurisdiction reportsMichiel Rijsdijk

Netherlands: walking the walk on claims of infringement

In the Netherlands, this is called a ‘wapperverbod’, which can be roughly translated into a ‘ban on waving around (with claims)’. Waving in this context has a negative connotation and refers to the way other parties are made aware of the claims. If a party claims that its IP rights are being infringed, there should be valid IP rights and the claim should also be acted upon.

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