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Litigation costs in Dutch courts

There is a special provision in the law for the award of legal costs in lawsuits concerning the enforcement of intellectual property rights (IP). However, the court has sufficient room in its judgment on the award of legal costs to take into account all the circumstances of the individual case. This is demonstrated by the judgment in the proceedings between Samsung Bioepis and Novartis (Court of The Hague 31 May 2023, ECLI:NL:RBDHA:2023:7492

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Iconic brand Toblerone needs to change

Everyone knows them: the stackable Pringles chips, the glass bottle of Coca-Cola or the finger design of the Kit-Kat chocolate bar. Each of these are product and packaging forms with a design that has stuck in consumers' minds for years. While food products as such are not eligible for trademark and design protection, product and packaging forms are.

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