Brinkhof

Managing Partners: Koen Bijvank, Quinten Kroes

Number of partners: 17

Number of lawyers: 61

Languages: Dutch, English, French, German, Italian 

Firm Overview 

We are a Netherlands-based European law firm with a strong focus on innovation, technology and market regulation. We assist global and domestic clients operating in sectors such as electronics, IT, media, internet, telecommunications, pharma/biotech and the healthcare sector. Within those markets, we advise and litigate before European and domestic courts and regulatory authorities in matters concerning patents, copyrights, trademarks and designs; as well as product, market and speech regulation, competition, IT/outsourcing, copyright, media and privacy. We have a single main office in Amsterdam but bring a truly European and global outlook, working extensively with international clients and law firms.

Main Areas of Practice

Band 1 

• Intellectual Property: General - Mostly Trade Mark/Copyright
• Intellectual Property: Patent
• TMT: Data Protection
• TMT: IT & IT Outsourcing
• TMT: Media
• TMT: Telecommunications

Band 3 

• Competition/European Law

Intellectual Property: Patent 

■ Represented Dow Chemical Company in trade secret misappropriation proceedings regarding opaque and non-opaque polymers (for use in paints) against Organik Kimya (up to the Supreme Court)

■ Represented Boston Scientific in several proceedings regarding cardiovascular technology (vascular stents, stent coatings, heart catheters) against various competitors

■ Represented WIKO in several proceedings against Philips on injunctions in case of standard essential patents (SEPs) and FRAND-conditions

■ Represented The Broad Institute of MIT and Harvard in matters related to their European CRISPR patent portfolio and other related patents

• Richard Ebbink (senior Statespeople) | + 31 20 3053221 | [email protected]
• Mark van Gardingen (band 1) | +31 20 30 53 212 | [email protected]
• Daan de Lange (band 2) | +31 20 30 53 247 | [email protected]
• Koen Bijvank (band 4) | +31 20 30 53 258 | [email protected]
• Jan Pot (band 4) | +31 20 3053229 | [email protected]

Pharmaceuticals & Biotech:  

■ Represented Sandoz in various pending nullity and infringement proceedings concerning generic medicaments, e.g. against AstraZeneca (esomeprazole and quetiapine), GlaxoSmithKline (salmeterol + fluticasone), Leo Pharma (calcipotriol), Merck (dorzolamide + timolol), and Sanofi-Aventis (docetaxel)

■ Represented Synthon in nullity and infringement proceedings against various competitors, including Astellas (tamsulosine) and Teva (glatiramer acetate)

■ Represented Celltrion in nullity proceedings against Biogen, Roche and Genentech (rituximab)

■ Represented Novozymes in multi-jurisdictional nullity and infringement proceedings against DSM (lactose for milk)

• Mark van Gardingen (band 1) | +31 20 30 53 212 | [email protected]
• Daan de Lange (band 2) | +31 20 30 53 247 | [email protected]

Intellectual Property: General - Mostly Trade Mark/Copyright

■ Legal support to Google for IP matters, including trademark, domain name and Adwords related disputes and licensing and privacy issues

■ Represented Facebook in litigation against PVH over ads for allegedly counterfeit Tommy Hilfiger apparel

■ Advised and represented adidas in all of its IP issues in the Netherlands, amongst which litigation in the textbook case about the well-known 3 Stripes trademark of adidas

■ Represented Nestle in European proceedings against Cadbury (Mondelez) regarding its EU trademarks for the shapes of its KitKat products

■ Represented T-Mobile in advertising proceedings against Vodafone, Ziggo and KPN

■ Advised LeasePlan on its IP portfolio, including coordination of enforcement and strategy of its IP rights throughout the Benelux and Europe, providing LeasePlan with guidance on its product introductions and commercials

■ Represented Infineon in a trademark dispute against NXP regarding public transport technology

Gregor Vos (band 2) | +31 20 3053248 | [email protected]

IT & IT Outsourcing  

■ Supported a leading Dutch company in the financial and leasing industry in a multi-jurisdictional WAN project, as well as on agile and DevOps issues

■ Supported Euronext-listed Dutch multinational Nedap in drafting all of its template agreements and representing it in complex negotiations with business partners and customers

■ Assisted USG People in replacing several business critical IT systems supporting front and back office processes

■ Advised ERIKS on various multi-jurisdictional sourcing matters in connection with its global operations

• Eliane de Vilder (band 2) | +31 20 3053224 | [email protected]
• Wieke van Angeren (band 2) | +31 20 3023243 | [email protected]

Data Protection 

■ Represented WhatsApp in the Dutch Data Protection Authority’s inquiry into its use of telephone numbers

■ Advised Randstad in the Dutch Data Protection Authority’s inquiry into its processing of employee data

■ Represented Dutch Railways in litigation on personal data and public transport cards

■ Legal support to Google on privacy and data protection law, represented Google in the investigations conducted by the Dutch Data Protection Authority over a new privacy policy and in a number of proceedings over ‘the right to be forgotten’.

• Quinten Kroes (band 1) | +31 20 3053226 | [email protected]

Competition/European Law  

■ Represented merging parties in national and international merger control cases, such as former telecoms incumbent KPN

■ Represented clients in national and international litigation on abuse of dominance, such as the international airport Schiphol

■ Represented parties in cartel and regulatory litigation, such as energy incumbent Nuon

■ Represented defendants in civil cartel damage cases domestically, such as in the Pressed Steel and Paraffin Wax cartels

■ Acting for online platforms in several investigations by the national competition authority ACM, such as Google

• Pepijn van Ginneken (band 1) | +31 20 3053235 | [email protected]

TMT: Media  

■ Acted for Google in a significant number of proceedings about delisting of search results under the European ‘right to be forgotten’, removal of hosted content, and provision of user data

■ Advised several major tech companies regarding EU regulation of online platforms, including audiovisual media services, copyright, and hate speech

■ Represented Fox Sports Eredivisie in commercial image-rights litigation

■ Represented public broadcaster Omroep MAX in civil defamation proceedings over a TV broadcast, and in administrative proceedings over rights to a broadcasting slot and over a fine imposed in relation to merchandising for the Dutch version of the Great British Bake Off

■ Advised a number of broadcasters and online media platforms in relation to cable distribution, collective rights, and jurisdiction under the AVMS directive

■ Represented financial newspaper Het Financieele Dagblad in a number of defamation proceedings

• Remy Chavannes (band 1) | +31 20 3053232 | [email protected]
• Dorien Verhulst (band 3) | +31 20 3053 252 | [email protected]
• Anke Strijbos (up and Coming) | +31 20 3053216 | [email protected]

TMT: Telecommunications 

■ Represented KPN in appeal procedures regarding Vodafone-Ziggo and Liberty-Ziggo before the EU Court of Justice

■ Represented Sky Radio in litigation against the Dutch State relating to the license fees imposed for the extension of radio licenses

■ Represented Tele2 in civil damages litigation relating to the introduction of shared broadband access

■ Represented Eurofiber in various telecoms regulatory matters, including its successful appeal against near-net regulation

■ Represented CAIW in an EU state aid notification for next generation access networks

Quinten Kroes (band 1) | +31 20 3053226 | [email protected]