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

New members of the Access Advance patent pool and Harvard University coming under fire were also among the top talking points
Team from Graham Watt & Co will join Beck Greener’s London office
The firm reported a small uptick in overall revenue and profit per equity partner, while its IP team secured notable life sciences victories
Paul Ainsworth, who secured a settlement for his client in a patent dispute, says the case shows why medical claims by dietary supplement companies can threaten IP rights
Boies Schiller Flexner joins forces with Grünecker to target Skechers in Europe following US lawsuit
Helen Mutimer discusses how the firm’s IP advisory services are filling a gap in the market, and why life sciences work is soaring
In major recent developments, a confidentiality request was rejected, Samsung and its representative A&O Shearman secured a partial win, and EIP made a new hire
Tomas Wässingbo joins us for our ‘Five minutes with’ series to explain why he wants to change the perception around designs
PepsiCo was represented by PwC, while the Australian Taxation Office was advised by Australian-headquartered law firm MinterEllison
The firm said revenue from its ‘refreshed and expanded’ IP team increased by 4% in FY25
Gift this article