Infringement of intellectual property rights and seizure of evidence in the Netherlands: questions of interpretation referred to Dutch Supreme Court regarding applicable seizure rules in Astellas V Synthon.
Evidencing (imminent) infringement of intellectual property rights can be tough. The applicable seizure rules in the Netherlands give rise to questions of interpretation. On 6 October 2015, the Court of Appeal Arnhem-Leeuwarden decided to send questions of interpretation to the Hoge Raad (the Dutch Supreme Court) in ongoing patent proceedings between Astellas Pharma Inc. (Japan) and Synthon B.V. (the Netherlands).