NETHERLANDS Law and Practice Contributed by: Radboud Ribbert and Wouter van Wengen, Greenberg Traurig, LLP
10.3 Attorneys’ Fees and Costs The losing party will generally be required to pay the cost of litigation for trade mark and copy - right claims, including court fees, expenses, and attorneys’ fees. This also includes the reim - bursement of the prevailing party’s attorney’s fees up to an amount determined by the judge based on the predetermined “indicated tariffs” ( Indicatietarieven ) depending on the complexity of the relevant case. 10.4 Ex Parte Relief It is not possible for a trade mark or copyright owner to seek relief without notice to the defend - ant. 10.5 Customs Seizures of Counterfeits In the EU, including the Netherlands, customs procedures for the seizure of counterfeits and parallel imports are governed by EU regulations. The primary regulation in this regard is Regu - lation (EU) No 608/2013 concerning customs enforcement of intellectual property rights. or Parallel Imports Customs Procedures Under this regulation, intellectual property rights (IPR) holders, including trade mark and copy - right owners, can take advantage of customs procedures to protect their rights. The process typically involves the following steps: Application for Action (AFA) The trade mark or copyright owner must sub - mit an AFA to the customs authorities in the EU member state(s) where they seek protection. This application provides details about the intellectual property rights, including relevant trade marks or copyrights, and describes the genuine products.
without a limitation in time. However, this does not apply to the renting or loaning of such a copy.
10. Remedies 10.1 Injunctive Remedies
Trade mark or copyrights owners can start pre - liminary proceedings to request injunctive relief. Such injunctive relief can include an interlocutory injunction, product recall, further information on the infringement, such as other selling parties and the number of products sold. In addition, it is also possible to request a precautionary sei - zure. The court must decide whether the claim is likely to succeed in the substantive proceed - ings. If so, the court has a reasonable discretion to grant the preliminary relief as requested. The Netherlands does not require a bond to obtain an injunction. However, if the injunction is later overruled in appeal or proceedings on the mer - its, the defendant could claim damages as a result of this injunction. 10.2 Monetary Remedies Trade mark or copyright owners may be com - pensated for lost profits. The court may decide to calculate this amount based on the size of the infringement. However, it may also decide to set the damages as a lump sum on the basis of elements such as the amount of royalties or fees that would have been due if the infringer had requested authorisation to use the trade mark or copyright. There are no specific rules or restrictions on the type and/or amount of damages awarded, as this is highly contingent on the facts and back - ground of the case. No distinction is made as to whether or not the intellectual property rights are registered.
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