LS&HC Horizons 2023 - Flipbook - Page 38
Hogan Lovells | 2023 Life Sciences and Health Care Horizons | Patents, Litigation, and Beyond
Netherlands: cross-border preliminary injunctions remain popular
The Dutch Courts continue to deal with crossborder injunction claims. In November 2022,
the Court of Appeal of The Hague upheld a
decision to grant Novartis’ claim for a crossborder preliminary injunction (PI) to enjoin
Pharmathen from marketing generic
octreotide acetate in Austria, Belgium, France,
Germany, Italy, Liechtenstein, the Netherlands,
Portugal, Spain, Switzerland, Turkey, and
the United Kingdom.
The cross-border competence of the Dutch
Court was based on the fact that the defendant,
the Pharmathen head office, is located in the
Netherlands. The Court of Appeal considered
that there was a threat that Pharmathen
would infringe the patent in the above-listed
countries. The Court of Appeal issued a
cross-border preliminary injunction for
these countries.
Ruud van der Velden
Partner, Amsterdam
The decision shows that the Dutch Courts
continue to be willing to grant cross-border
preliminary injunctions in life sciences and
health care cases. Cross-border preliminary
relief is available if a defendant located in
the Netherlands infringes a patent or acts
otherwise unlawfully abroad. The latter can
be the case if the Dutch entity is the head office
or the marketing authorization (MA) holder
of a generic product and allows other entities
to market the infringing product.
Dirk-Jan Ridderinkhof
Counsel, Amsterdam
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