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 2025

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

The association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Firm says appointment of Nick McDonald will boost its expertise in cross-border disputes, including at the Unified Patent Court
In the final episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the IP Inclusive Charter and the senior leaders’ pledge
Law firms are integrating AI to remain competitive, and some are noticing an impact on traditional training and billing models
IP partners are among those advising on Netflix's planned $82.7bn acquisition of Warner, which has been rivalled by a $108.4bn bid by Paramount
Sheppard Mullin’s Jennifer Ayers reviews modifications to the rules of practice for IPR petitions and considers what practitioners need to know
News of the EUIPO launching a GI protection system, and WIPO publishing a review of the UDRP were also among the top talking points
A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Bird & Bird, Brinkhof and Bardehle Pagenberg were successful at the Court of Appeal, while there was a partial victory for Amazon in a case concerning audio recordings
Following the anniversary of Venner Shipley and AA Thornton's merger, Ian Gill recalls the initial trepidation about working for his spouse and offers tips for those who may find their personal and professional worlds colliding
Gift this article