Charlotte Vrendenbarg has been connected to the Company Law Department and Civil Law Department, Institute for Private Law as a PhD-candidate since 1 April 2011.
Charlotte’s PhD research is focusing on the ‘Directive 2004/48/EC on the enforcement of intellectual property rights’ (the "Directive") which has been implemented in our Dutch Code of Civil Procedure (DCCP) in 2007. Articles 1019-1019i DCCP provide holders of intellectual property rights various provisional and precautionary measures against infringing parties. In particular, article 1019h DCCP (corresponding to article 14 of the Directive 2004/48/EC) provides that in court cases concerning intellectual property rights the actual legal costs (and other expenses) incurred by the winning party should be borne by the losing party. This contrary to the general rule of article 237 et seq. DCCP, based on which the winning party generally is only awarded a fraction of the actual costs incurred. The distinction in legal costs rules raises various fundamental questions: why is there a distinction and what justifies the status aparte of holders of intellectual property rights in the Dutch legal system? This research will also deal with the general issues relating to the implementation, interpretation and application of (article 14 of) the Directive in the Dutch civil procedural law.