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The Netherlands Supreme Court recently held that the pre-judgment seizure of documents, files or other materials as evidence is permissible in non-IP matters.
The Netherlands Supreme Court recently held that the
pre-judgment seizure of documents, files or other materials as
evidence is permissible in non-IP matters. While the seizure of
evidence in IP matters was possible upon the 2004 implementation of
the Enforcement Directive, what remained unclear
was whether such seizures also applied to non-IP matters.
The Court also reiterated that this right does not warrant a
fishing expedition, nor does it grant the seizor the right to
access or receive copies of seized materials; it is simply a
security measure. Separate proceedings are necessary to actually
obtain access to seized materials.
The Court issued relatively detailed instructions on the
execution of such seizures, as well as on corresponding provisions
and safeguards.
Please contact us for more details on what this broadening in
possibilities to produce evidence could mean for your practice.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
