Spider in the web doctrine
Encyclopedia
The spider in the web doctrine is a legal doctrine
in Dutch law
governing cross-border injunction
s 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. 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.
Legal doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows...
in Dutch law
Law of the Netherlands
The Netherlands is a civil law country. Its laws are written and the application of customary law is exceptional. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law...
governing cross-border injunction
Cross-border injunction
In European law, and especially in European intellectual property law, a cross-border injunction is an injunction by a court in one European country, such as a court in the Netherlands forbidding infringement in several other European countries....
s in patent infringement
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
cases. Under this doctrine, the Dutch courts would assume jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
only in cases where the main defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
(the "spider") was located in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
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
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
was issued.
Recent decisions by the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
(ECJ) have cast some doubt on the continuing validity of this doctrine. 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.
Further reading
- Is there an After-Life for Pan European Injunctions?, IPEG blog, March 27, 2008