ECJ brings end to Cross Border Practise in Netherlands and Germany


On 13 July 2006, the long awaited decisions of the European Court of Justice (ECJ) were given in the cases of GAT v LuK and Roche v Primus. To the disappointment of some, the ECJ appears to have prohibited cross-border relief, bringing the Dutch and the German patents courts (which were willing to grant such relief in certain circumstances) in line with the English patents court (which has always refused to grant such relief). However, the decisions are such that both the Dutch and German patents courts may continue to grant cross-border relief in certain circumstances. Whether they do so or not, will have to be seen. However, the decisions will undoubtedly provide further impetus for many in industry to call for a centralised European Patents Court to be established as soon as possible, enabling parties to litigate European patents on a Europe-wide basis. see for full analysis: Simmons & Simmons

Not everyone is convinced GAT v. LUK and Roche v. Primus made an end to possibilities for cross border relief in Netherlands, as Prof. Willem Hoyng writes in his comment on both cases (in Dutch), see: www.boek9.nl

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