Netherlands

Please contact our Dutch office for more information about our services in the Netherlands:

REACT Netherlands
Amstelveenseweg 864
1081 JM Amsterdam
The Netherlands
T +31 20 6406363
Contact: Mr Bjorn Grootswagers
bgrootswagers@react.org


REACT Netherlands offers an extensive operational service. Our strategy is to consistently fight the counterfeiting trade at all levels, from production to retail. The Dutch office also coordinates our activities in Belgium, Luxembourg, Sweden, Denmark and Norway.  For these activities we have an experienced team of investigators and lawyers available. React tries to settle minor cases on the spot but when deemed necessary we also enter into longer and more complex court cases. React investigators are available to monitor notorious counterfeiting markets as well as other common outlets and shops. The combination of investigators and lawyers working side-by-side results in rapid follow up. We also have been able to develop a close cooperation with the law enforcement authorities. We have also set up a recycling program and which allows us to recycle all counterfeits seized in the Benelux region.

Our services in Netherlands

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Desk research
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing Customs applications
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application is not mandatory but still very much advisable
  • If Customs acts ex officio an application for action must be filed within 4 days
  • Customs application is valid for one year
  • Deadline for response to Customs notification of detention is 10 working days (extendable once) with application for action (3 working days for perishable goods), 4 working days for ex officio actions
  • Deadline for importer to respond to seizure is 10 working days (extendable for a further 10 working days)
  • Public prosecutor is tasked with taking criminal action against infringers
  • Criminal law remedies available: imprisonment up to four years, fines, criminal forfeiture and destruction of counterfeits and production materials/machinery
  • Interim injunctions are available and often used but there is the requirement of urgency
  • Ex parte orders are available including cease and desist, disclosure of information in case of obvious infringement and seizure
  • Damages can be rewarded in case of negligence and full or partial legal costs can be rewarded on ultimately prevailing in court