Rechtsleer

Misleading and Comparative Advertising Directive, Article 3 Misleading and Comparative Advertising Directive, Article 3 Unfair Commercial Practices Directive, Chapter 2, Article 5

De rectificatie als nevenvordering in Nederlandse procedures.

The vast majority of cases in which a rectification is sought take place within media law, e.g. in the case of incorrect or otherwise unlawful statements in media that must be rectified. But also, in IP cases, in addition to the usual cease-and-desist order and other ancillary claims, a claim for rectification may offer a solution. In this paper, Driessen discusses the legal background of the rectification in Dutch law in relation to IP cases. She concludes that the rectification may be a very useful ancillary claim, not only in summary proceedings but also in proceedings on the merits of the case.