De ‘Protective Letter’ niet langer ‘protected’ Het recht op afschrift van de grijsmakingsbrief in IE-Zaken, en daarbuiten

This is about due process, intellectual property and the disclosure of so-called 'protective letters'. In many jurisdictions, alleged infringers who suspect they may get hit with a seizure or preliminary injunction can pro-actively file a 'protective letter' rebutting the anticipated infringement. This article explains the legal system in the Netherlands in comparison with Germany and argues that right holders are entitled to seek disclosure of such 'protective letter'. The article was published in a leading law journal in the Netherlands in the field of intellectual property law, following a succesful disclosure request by this author in a patent case in the Netherlands. It is also relevant for other IP litigation in the field of e.g. trade mark law, copyright law, designs and internet law.