The Netherlands: Cost awards in Dutch enforcement cases

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: Cost awards in Dutch enforcement cases

From now on, a defendant in preliminary Dutch IP enforcement cases can also obtain a cost order against the claimant if the case is withdrawn by the claimant before the oral hearing, for example after a defendant's written rebuttal. For (full) proceedings on the merits, this has always been clearly the case, but the procedural framework is not exactly the same for the famously quick preliminary proceedings (kort geding).

Such kort geding proceedings are a very attractive procedure for conducting IP infringement cases quickly and before a single judge. For example, the Dutch pemetrexed case – about a blockbuster medicine – recently went from writ to full written decision within one month and two days (Eli Lilly v Sandoz, ECLI:NL:RBDHA:2017:1907) and the stipulated costs were €50,000, to be awarded to the winning party. The issue of cost awards is pressing, even in the event of a relatively fast withdrawal, because preparing a defence quickly is critical in these kort geding infringement procedures.

The Supreme Court has decided that the defendant can reopen the proceedings by requesting a cost award (Wieland v GIA Systems, ECLI:NL:HR:2016:1087). The decision of the Supreme Court was given in a trade mark case. The District Court of The Hague has now applied the new rules to a patents case as well, in its decision of of March 9 2017 (Putkast v CBM, ECLI:NL:RBDHA:2017:22850). In that case, the writ was issued on October 23, and the case was withdrawn on November 10. Nevertheless, costs were awarded to the amount of about €11,000.

Peter de Lange


V.O.Carnegieplein 5, 2517 KJThe 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

Partner Ginevra Righini explains how she secured victory for the Comité Champagne in its fight against an EUTM application for ‘Nero Champagne’
Volkan Hamamcıoğlu joins us for our ‘Five minutes with’ series to discuss meditation, tackling deadlines, and taking inspiration from Hamlet
A $110 million US verdict against Apple and an appellate order staying a $39 million trademark infringement finding against Amazon were also among the top talking points
Attorneys are watching how AI affects trademark registrations and whether a SCOTUS ruling from last year will have broader free speech implications
Patent lawyers explain why they will be keeping an eye on the implications of a pharma case and on changes at the USPTO in the second half of 2025
The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
Gift this article