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In JUVE Patent’s Netherlands ranking 2023, Mathieu Klos and Amy Sandys discuss the latest issues and developments at the heart of the Dutch patent market.
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JUVE Patent’s Netherlands ranking 2023 overview
This year, JUVE Patent visited Amsterdam in late summer. While the city’s parks and cycle lanes were bustling, after a long holiday period the tourists were thinning out around the city’s canals. However, this summer and this year were by no means quiet in the Dutch patent market.
Indeed, in the Netherlands many partner changes marked the year in which the UPC opened its doors. Of all Europe’s major patent destinations, in 2023 the Dutch capital saw perhaps the highest number of market moves in a relatively short space of time.
The major changes began in spring when some big patent market players announced their moves. First of all was Marleen van den Horst who, after 33 years at BarentsKrans, moved to LGGA in The Hague to open their patent litigation practice. Then, a couple of weeks later, Gertjan Kuipers, formerly of De Brauw Blackstone Westbroek, announced he was becoming a partner at Hogan Lovells.
But De Brauw wasted no time in rebuilding its team, with Anne Marie Verschuur moving to the firm from Nauta Dutilh. Then Armand Killan left the Bird & Bird partnership, which also hired from De Brauw and promoted internally. Over at Pinsent Masons, Machteld Hiemstra also moved from the firm to become a partner Simmons & Simmons.
But perhaps the most surprising news was the resignation of András Kupecz. He also left Pinsent Masons to become a judge at the UPC, firstly on the technically qualified panel, and now as a confirmed – and active – legally qualified judge. Indeed, Kupecz was one of three full-time legally qualified judges who presided over the first major UPC case at the local division in Munich.
Dutch judges remain influential
Expectations were high for the local division in The Hague, but to date it has only one active case. However, as the UPC picks up pace, others may soon follow. Either way, the influence of the Dutch UPC judges is guaranteed. Kupecz, Edger Brinkman and Margot Kokke are among the judges with the most cases. They sit mainly on cases at the German local chambers as foreign judges, thus countering the supposed dominance of German jurisprudence.
Back in the national courts, however, and the Dutch judges remain as busy as ever. Many firms report a rise in pharmaceutical patent cases, for which the country has a strong reputation.
Some clear highlights include the case between Novartis and Pharmathen, which will go to the Supreme Court. Recently, the District Court of the Hague also rendered an important decision between Bristol-Myers Squibb and multiple generic drug companies including Sandoz and Teva. With some important cases still to be heard, let’s see if the next twelve months are as spectacular for the Dutch patent market.
For further analysis on the Dutch patent market, read the Netherlands patent ranking 2023. This includes top patent litigation firms, top patent prosecution firms, and this year’s ‘Ones to Watch’ in the Netherlands.
You can find detailed information on the JUVE Patent research criteria here.
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