The Netherlands: Court rules on remedies for contributory infringement in Europe

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

The Netherlands: Court rules on remedies for contributory infringement in Europe

A Dutch court issued decisions in two court actions that illustrate the remedies that are available from the Dutch courts in cases of contributory infringement. The court found that it had jurisdiction to issue a preliminary injunction on offering and supplying a contributorily infringing product inside and outside the Netherlands, also against a non-Dutch party. The patent acts throughout Europe were essentially identical on contributory infringement. However, the court held that patent law excluded an injunction on holding a contributorily infringing product in stock.

In Rasco v AEBI Schmidt (Court of The Hague, January 4 2017), Rasco supplied a detachable salt spreader for use on trucks to de-ice roads. AEBI Schmidt asserted that trucks with such a detachable salt spreader infringed its patent. The court found contributory infringement, because it considered the salt spreaders to be "essential components" in the sense of contributory infringement law, and ordered a recall. However, the court held that holding in stock of such essential components, which contributorily infringed but had not been patented themselves, was not prohibited by Dutch patent law: patent law only prohibited offering and supplying such products.

In DSM v Univar and Novozymes (Court of The Hague, January 6 2017), the patent claimed a process to produce a dairy product using a previously known lactase preparation. The Danish company Novozymes manufactured the lactase preparation. The Dutch company Univar was Novozymes' exclusive co-distributor for Europe. The Dutch court found that it has jurisdiction to issue a preliminary injunction inside and outside the Netherlands against Univar, because it was a Dutch company, and also against Novozymes, because the action concerned the same product. The product had a substantial non-infringing use, but evidence showed that Univar and Novozymes induced infringement. Accordingly, the injunction was limited to offering/supplying the lactase preparation for use in the patented invention.

Lars de Haas


V.O.Johan de Wittlaan 72517 JR The HagueThe NetherlandsTel: +31 70 416 67 11Fax: +31 70 416 67 99info@vo.euwww.vo.eu

more from across site and SHARED ros bottom lb

More from across our site

Patrick Zhang, formerly of Atlassian and TiVo, will become Via’s vice president of licensing and commercial strategy, tasked with helping expand client partnerships and licensing deals
IP services firm says new platform will cut patent portfolio analysis from months to minutes and optimise monetisation efforts
New role for the High Court judge will leave a gap for an IP specialist judge at the first instance
Laura Achával, founder of Achával IP in Argentina, shares how an evolving vision led her to launch her own practice
Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Updates on Nokia’s licensing strides and a surge in patent activity around battery recycling in Australia were also among the top talking points
To mark International Day Against Child Labour, Matteo Amerio at Corsearch says the people inside businesses who can identify counterfeiting risks must be given the tools and authority to act
With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Gift this article