Thijs van Aerde
Advocaat | Counsel
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Nederlands
Engels
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Thijs is gespecialiseerd in het procederen bij de Hoge Raad maar vertegenwoordigt ook cliënten bij het Europese Hof van Justitie en bij de Nederlandse gerechtshoven en rechtbanken. Thijs is sinds 2006 werkzaam bij Houthoff en procedeerde in meer dan 100 zaken bij de Hoge Raad en behandelde daarnaast zaken bij de Nederlandse lagere rechtbanken. Hij legt zich toe op het intellectuele-eigendomsrecht, contractenrecht, onrechtmatige daadsrecht en aan procesrecht gerelateerde kwesties. Thijs is een domeinnaam panellid voor de World Intellectual Property Organization (WIPO). In deze hoedanigheid neemt hij beslissingen in domeinnaamgeschillen op grond van de geschillenregeling voor .nl-domeinnamen.
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“I am impressed with his exceptional level of perseverance, his analytical and research skills, his communication and his good judgement.”Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2022 Edition) -
“His meticulous manner is remarked upon by clients, one saying that ‘he does his homework well and thoroughly.’”Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2021 Edition)
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“Thijs van Aerde is a great sparring partner and is highly recommended on cases before the Dutch Supreme Court.”Legal 500, Trade marks, copyrights and design rights (2021 Edition)
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“Thijs is easy to communicate with (he does not overcomplicate matters) and has delivered excellent results for my client. Very happy with his services.”Legal 500, Trade marks, copyrights and design rights (2021 Edition)
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“Thijs van Aerde is a very knowledgeable and experienced IP litigator before the Dutch Supreme Court. He is strategic, analytical but at the same time very pragmatic. He delivers excellent work and has an impressive track record.”Legal 500, Trade marks, copyrights and design rights (2021 Edition)
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RecommendedLegal 500, Media and Entertainment (2021 Edition)
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“Thijs van Aerde is best known for his work before the supreme court.”Legal 500, Patents (2021 Edition)
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“Sources pick Thijs van Aerde out as ‘a rising star’ in Supreme Court IP litigation, adding that he is ‘quick to pick up relevant issues and a pleasure to work with.’”Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2020 Edition)
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Up and ComingChambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2020 Edition)
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Leading IndividualLegal 500, Trade marks, copyrights and design rights (2020 Edition)
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RecommendedLegal 500, Media and Entertainment (2020 Edition)
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“Thijs stands out as a Supreme Court lawyer in patent litigation matters. He is very creative and gets to grips quickly where complex subject matter is concerned.”Legal 500, Patents & Trade marks, copyrights and design rights (2020 Edition)
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Up and ComingChambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2019 Edition)
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“Clients report that he is ‘flexible and thinks along with us.’”Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2019 Edition)
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“Thijs Van Aerde is ‘great to work with, is very strong in his field and has a great personality.’”Legal 500, Trade Marks, copyrights and design rights (2019 Edition)
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RecommendedLegal 500, Media and Entertainment (2019 Edition)
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Leading IndividualLegal 500, Trade Marks, copyrights and design rights (2019 Edition)
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Up and ComingChambers Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2018 Edition)
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"Clients describe him as a 'very pleasant lawyer with good skills'."Chambers Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2018 Edition)
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RecommendedLegal 500, Media and Entertainment (2018 Edition)
Thijs geeft ook colleges over het procederen in IE-zaken bij de Nederlandse gerechtshoven. Hij is lid van de Vereniging van Civiele Cassatieadvocaten, de Nederlandse Vereniging voor Procesrecht en de Nederlandse Groep van de International Association for the Protection of Intellectual Property (AIPPI).
Opleidingen
LL.M. Recht & ICT (Rijksuniversiteit Groningen)
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Represented the Netherlands Vehicle Authority (RDW) in a dispute concerning the domain name rdwtellerrapport.nl. The disputed domain name led to a website offering alleged RDW odometer reports, falsely suggesting that the website was affiliated with RDW.
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Represented Brazilian multinational petroleum company Petrobras, as it sought the transfer of the domain name petrobrasbv.nl. The disputed domain name led to a fraudulent website mimicking Petrobras' official website.
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Represented an individual, in a UDRP proceeding, who became the victim of a fraudulent domain name registration of his personal name and trademark. The disputed domain name led to a website aimed at committing identity theft.
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The Unbundling Act requires that the integrated energy companies unbundle their network companies, and forbids privatization thereof. Three large energy companies argued that the act infringes on the right to free movement of capital and therefore does not bind them. The Dutch Supreme Court found that the Unbundling Act is in line with the right to free movement of capital. The Supreme Court reasons that the objectives of the Unbundling Act are ‘important reasons in the public interest’ and that the entailing restrictions.
Click here for the judgement of the Supreme Court.
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Successfully representing Pictoright, the Dutch author’s rights organisation for visual creators, in copyright litigation against Allposters before both the Supreme Court and the European Court of Justice.
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Early 2017, Profile launced a campaign in which it alleged that 'Profile Brand Service' (Profile Merkonderhoud) was much cheaper (up to 28%) than the service of the authorised repairers. It did not use and trademark rights of car manufacturers.
Again, Houthoff acted on behalf of 18 car manufacturers and made an end to the Profile campaign, as Profile was unable to demonstrate that it was always much cheaper than the authorised repairers.
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Successfully representing Rotterdam's Erasmus University Medical Centre, one of the largest and most authoritative scientific University Medical Centres in Europe, in summary proceedings before the Rotterdam interim injunction judge against a spin-off company about the licensing and development of software for laboratory information management and the early detection of hospital-acquired infections (HAI's).
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Succesfully representing Rotterdam's Erasmus University Medical Center, one of the largest and most authoritative scientific University Medical Centers in Europe, and Erasmus University in summary proceedings before the Rotterdam interim injunction judge against a spin-off company about the licensing and development of software for laboratory information management and the early detection of hospital-acquired infections (HAI's).
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Successfully representing Ryanair in litigation before the Dutch Supreme Court and the European Court of Justice against PR Aviation and their online booking website Wegolo which also sells tickets for Ryanair flights. The ECJ ruled that a maker of a database which is not protected by copyright or database right, may impose contractual limitations on the use of that database. The ECJ has referred the case back to the Dutch Supreme Court.
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Represented telecom provider T-Mobile Netherlands against a former agent of T-Mobile in a landmark case on agency law before the Supreme Court and the referral Amsterdam Appeal Court. After the Supreme Court set the rules for calculating the due goodwill fee after termination of an agency agreement, the Amsterdam Court of Appeal decided on the goodwill fee due in this specific matter.
