The Netherlands: Rusk indentation patent does not cause a dominant position

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

Cookies Settings

The Netherlands: Rusk indentation patent does not cause a dominant position

On December 19 2016 the court in Arnhem decided in preliminary relief proceedings about a patent situation, based on competition law.

The case relates to a patent on a flat baking having an edge indentation. The invention allows a consumer to easily take a rusk out of a tightly packed roll of stacked rusks, without breaking the rusk. This is simply done by inserting a fingertip in the rusk indentation.

Licence agreements exist for several years between the patentee (a Dutch inventor) and two different Dutch bakeries, who are selling rolls of the patented rusks. Recently, another bakery requested to enter into licence negotiations. The patentee refused. The bakery initiated preliminary relief proceedings and demanded a right to enter into licence negotiations, based on competition law. The bakery argued that the patent would give the patentee a dominant position in the relevant market. It was further argued that the patentee's refusal of licence negotiations would be an abuse of the alleged dominant position.

The court considered that various specific rusk packings exist designed for easy removal of stacked conventional rusks not having the patented indentations. For example a roll-packing exists having a kind of zipper, which facilitates reliable removal of conventional rusks from the tight roll-packing. Furthermore it was considered that conventional rusks are available in the market in loose bags, in which case the problem related to removing rusks from a tightly packed roll does not exist. Thus, the court concluded that real and adequate alternatives are available to be active in the same market. Already for these reasons, the court concluded that in the present case there is no question of a dominant position in the relevant market. Accordingly, the court decided that the licence negotiations are not enforcable.

dejong.jpg

Karel de Jong


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

Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
Gift this article