Thijs van Aerde

Thijs van Aerde

Advocaat | Counsel

Contact

+31 20 605 65 93
+31 6 4155 7812

Languages

Dutch
English
German
French

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Thijs specialises in Supreme Court litigation, as well as representing clients before the European Court of Justice and the lower Dutch courts. Since Thijs joined Houthoff in 2006, he has litigated more than 100 cases before the Dutch Supreme Court and many cases before the lower Dutch courts. Thijs focuses on issues related to intellectual property law, contract law, tort law, and procedural law matters. Thijs regularly assists clients in domain name disputes.
  • “Clients report that he is ‘flexible and thinks along with us.’”
    Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2019 Edition)
  • Up and Coming
    Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2019 Edition)
  • “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)
  • Leading Individual
    Legal 500, Trade Marks, copyrights and design rights (2019 Edition)
  • Recommended
    Legal 500, Media and Entertainment (2019 Edition)
  • Up and Coming
    Chambers Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2018 Edition)
  • "Clients describe him as a 'very pleasant lawyer with good skills'."
    Chambers Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2018 Edition)
  • "‘Clued-in’ senior associate Thijs van Aerde is one of the key litigators."
    Legal 500, Intellectual Property: Patents (2018 Edition)
  • Recommended
    Legal 500, Media and Entertainment (2018 Edition)
  • "Senior associate Thijs van Aerde is ‘very clever, knowledgeable and always available’."
    Legal 500, Intellectual Property: Trade marks, copyrights and design rights (2018 Edition)
  • Next generation lawyer
    Legal 500, Intellectual Property: Trade marks, copyrights and design rights (2018 Edition)
  • Next generation lawyer
    Legal 500, Intellectual Property (2017 Edition)
  • "Senior associate Thijs van Aerde is a ‘star litigator’."
    Legal 500, Media and Entertainment (2017 Edition)
  • "Senior associate Thijs van Aerde is ‘a well-versed litigator’ and a ‘star’."
    Legal 500, Intellectual Property (2017 Edition)

He also lectures on litigating IP cases before the Dutch appeal courts. He is a member of the Dutch Association of Civil Cassation Lawyers (VCCA), the Dutch Association for Procedural Law (NVVP) and the Dutch Group of the International Association for the Protection of Intellectual Property (AIPPI).

Qualifications & Experience

  • LL.M. Law & ICT (University of Groningen)

  • 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.
  • 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.
  • 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).
  • 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).
  • 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.
  • 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.

  • 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.