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FREEZING ORDER OF AN IP ADDRESS
As IP addresses can be worth a lot of money, they are therefore an excellent object for prejudgement attachment under Dutch law. Obtaining a freezing order of an IP address in the Netherlands is a new and often effective strategy. Companies are increasingly dependent on the IP addresses that they use, therefore the seizure and the threat of losing those IP addresses can be a good motivation for them to pay an invoice or damages, for example. Our Dutch lawyers in Amsterdam will be pleased to investigate your case and prepare the petition for a prejudgment attachment of an IP address in the Netherlands for you.
WHAT IS AN IP ADDRESS under Dutch law?
In short, an IP address is a series of numbers that represent a particular location on the Internet. The more familiar and better recognisable domain names, such as www.maakadvocaten.nl, must also always be linked to an IP address so that the website can be found on the Internet. To navigate and communicate on the Internet, the user or business’ computer and these days usually even telephone itself also needs an IP address. In today’s digital world, a lot of IP addresses are needed, and this makes them sought-after. There are different kinds of IP addresses and all the IP addresses of the most popular kind – the so-called IPv4 addresses – are taken. Because of the scarcity, trade in these IPv4 addresses has arisen, and companies are prepared to spend a lot of money on IP addresses.
HOW DO I SEIZE AN IP ADDRESS IN THE NETHERLANDS?
All IP addresses in the Europe, Russia, and Middle East regions are registered with the Resaux IP Européens Network Coordination Centre (RIPE NCC) based in Amsterdam. RIPE NCC is an association and to have IP addresses you must be a member of RIPE NCC. Companies that have IP addresses and are members of RIPE NCC include Internet Service Providers, large corporations, and companies that provide services on the Internet or in telecommunications.
Because RIPE NCC is based in Amsterdam and the IP addresses are therefore registered in Amsterdam, the protective order for IP addresses must also be requested and issued in Amsterdam. Seizure of IP addresses by a lawyer has repeatedly proven to be an effective remedy for performance of an agreement, a settlement or payment of the underlying claim.
Dispute over an IP Adress under Dutch law
If you have a dispute about an IP address or its use, or if your IP addresses or the IP addresses you use have been seized, you have a strong interest in this dispute being resolved as soon as possible or in the seizure being lifted. In these cases you could request a temporary injunction in so-called summary proceedings, such as the continued use of the IP addresses, or ask the court to lift the seizure in so-called lifting summary proceedings. You can lift the attachment, among other things, by demonstrating that the claim for which an attachment has been imposed is summarily unsound, or by providing sufficient security for that claim, for example in the form of a bank guarantee. Our lawyers can advise you well on this.
LAWYER SPECIALISED IN SEIZURES AND IP ADDRESSES in the Netherlands
MAAK Advocaten has a team of experienced lawyers in the Netherlands who can advise and assist you with a Prejudgment attachment of an IP address in the Netherlands. Would you like to receive advice on imposing or lifting a prejudgment attachment on IP addresses? Please contact Sander van Someren Gréve or one of our other lawyers in Amsterdam at MAAK.
+31 (0)20 – 210 31 38
sander.vansomerengreve@maakadvocaten.nl
