Charlotte Vrendenbarg has been a PhD candidate at the Department of Company Law and Department of Civil Law, Institute of Private Law, since 1 April 2011.
Charlotte’s PhD research focuses on ‘Directive 2004/48/EC on the enforcement of intellectual property rights’ which was implemented in the 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 is contrary to the general rule of Article 237 et seq. DCCP, based on which the winning party is generally only awarded a fraction of the actual costs incurred. The distinction in the 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? Charlotte's 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.
- Redacteur wetenschappelijk tijdschrift Intellectuele Eigendom en Reclamerecht
- Auteur Tekst & Commentaar Wet bescherming bedrijfsgeheim
- Incidenteel docent (PAO) voor advocaten en andere juristen