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.
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