NETHERLANDS Law and Practice Contributed by: Radboud Ribbert and Wouter van Wengen, Greenberg Traurig, LLP
Customs monitoring Once the application is accepted, customs authorities will monitor incoming and outgo - ing shipments for potential infringements. This includes goods in transit through the EU. Notification of suspected goods If customs officials suspect that goods entering or leaving the EU infringe intellectual property rights, they shall notify the rights-holder and provide an opportunity to confirm whether the goods are counterfeit or unauthorised parallel imports. Detention and seizure If the rights-holder confirms the infringement, customs officials can detain or seize the goods. In some cases, the rights-holder may be required to initiate legal proceedings to determine the infringement. It is important to note that these procedures are generally cost-effective and efficient for rights- holders. However, the rights-holder must active - ly pursue enforcement by co-operating with cus - toms authorities and, if necessary, initiating legal actions. An appeal for trade mark or copyright infringe - ment decisions is possible. These procedures follow the regular proceedings before the civil courts as set out by the Dutch Code of Civil Pro - cedure. 11.2 Timeframes for Appealing Trial Court Decisions An appeal from a trial court decision must be filed with the appellate court within three months 11. Appeal 11.1 Appellate Procedure
of this decision. For an appeal to be decided, the typical timeframe is between 9-12 months.
12. Additional Considerations 12.1 Emerging Issues The emergence of artificial intelligence is still under scrutiny from legislators in the Neth - erlands as well as in the EU. The EU Artificial Intelligence Act is the first official attempt to regulate new technologies such as generative AI. As of now, there has been considerable spec - ulation and theoretical exploration in legal and academic literature regarding AI, but a lack of established case law in this area means there is still uncertainty about how various legal issues related to AI will be resolved. Please also refer to our Trends & Developments article. 12.2 Trade Mark and Copyright Use on the Internet Under the DSA, intermediaries are exempt from liability for the following three activities: • mere conduit services; ie, transmitting mes - sages or information to certain recipients or providing access to a service; • caching services; ie, involving the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information’s onward transmission to other recipients upon their request; and • hosting without any active monitoring. The rules on such uses are rapidly expanding with the EU Artificial Intelligence Act, Data Act, and other legislative initiatives.
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