Spider in the web doctrine
- Spider in the web doctrine
The spider in the web doctrine is a legal doctrine in Dutch law governing cross-border injunctions in patent infringement cases. Under this doctrine, the Dutch courts would assume jurisdiction only in cases where the main defendant (the "spider") was located in the Netherlands and where the other defendants were part of a group of companies and acted based on a common business policy of this group (the "web"), regardless of the nation in which the disputed patent was issued.
Recent decisions by the European Court of Justice (ECJ) have cast some doubt on the continuing validity of this doctrine. [Jochen Buhling, [http://www.buildingipvalue.com/07EU/p.172-175%20Krieger.pdf "Cross-border injunctions in patent infringement cases: paradise lost?"] , Building and enforcing intellectual property value 2007, p172-175. ] [Bas Verschoor, [http://www.managingip.com/Article.aspx?ArticleID=614871&ReturnPage=5 "Benelux: Latest Dutch spider developments"] , Managing Intellectual Property, March 2006. Consulted on February 29, 2008.] This is due in part to the fact that the ECJ did not feel that Dutch courts were competent to make predictions or judgments about the validity of patents granted outside the Netherlands, preferring to grant jurisdiction to the countries in which the patent was granted. [ [http://www.newsletter-nautadutilh.com/EN/xzine/intellectual_property/patent_newsletter.html?cid=4&xzine_id=3713 "Dutch cross-border injunctions after Gat v. Luk"] , E-newsletter Patent Law, Number 4, 22 December 2006, Nauta Dutilh web site. ]
References
Further reading
* [http://ipgeek.blogspot.com/2008/03/is-their-after-life-for-pan-european.html "Is there an After-Life for Pan European Injunctions?"] , IPEG blog, March 27, 2008
ee also
*Brussels Regime
*Cross-border injunction
*Enforcement of European patents
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