Part 1 – The Netherlands Commercial Court: What is the NCC and why was it established?

NCC

Doing business internationally is part of everyday practice for many companies. Contracts are drawn up in English, counterparties are based in different countries, and disputes do not stop at national borders. In this international playing field, it is essential that disputes are resolved quickly, professionally, and predictably.

Since 2019, the Netherlands Commercial Court (NCC) has played an important role in this regard. This specialised court was established to settle international commercial disputes within the Dutch legal system, but entirely in English. In this first blog, I will discuss what exactly the NCC is and why this court was established. In a subsequent blog, I will explain how to litigate before the NCC.

What does the new (draft) code of practice mean for transparency in AI-generated content?

praktijkcode

Artificial intelligence (AI) offers opportunities for innovation, efficiency and growth. But with those opportunities comes responsibility. On 17 December 2025, the European Commission published a first draft of a new code of practice for transparency in AI-generated content. This code is an important step in the implementation of Article 50 of the AI Regulation, which will enter into force on 2 August 2026.

Registering a well-known name as a trademark? Why George Orwell was not allowed to become a trademark

George Orwell

Many entrepreneurs want to register their company name, product name or even a person’s name as a trademark. This makes sense: a registered trademark offers legal protection, grants exclusive rights and helps to take action against trademark infringement. But what if that name is already known to the public, for example, the name of a famous author? Can you register such a name as a trademark?

When does your product resemble someone else’s too closely? Important lessons from a recent ruling in Birkenstock v. Scapino

Last week, the Utrecht District Court handed down a comprehensive ruling in a case between Birkenstock and Scapino concerning various sandal models. Although the case revolves around footwear, the outcomes are relevant to any company that works with product design, look-alike products, private labels or product development in a competitive market.

In this update, I will explain the most important insights from the judgment and discuss their relevance for companies.

Getty Images vs. Stability AI: when is an AI model a copy?

The long-awaited ruling in the Getty Images v. Stability AI case has been handed down, and the verdict is largely in favour of the AI developer. The English court ruled that the image generator model Stable Diffusion does not infringe copyright, even though it was trained using millions of images owned by Getty.