The Netherlands: Urgent interest or not?

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: Urgent interest or not?

The Dutch interim injunction court is only competent in cases with urgent interest. A recent case, Ruby Decor v Basic Holdings, raised the question whether or not such urgent interest was indeed present.

In prior proceedings, Ruby Decor was prohibited from infringing Basic Holdings' patent EP B 2 029 941 relating to artificial fireplaces. Basic Holdings was awarded the enforcement instrument of penalty payments for non-compliance. Ruby Decor designed three alternative variations of fireplaces and requested Basic Holdings to confirm that these would not infringe the '941 patent and that marketing these variations would not invoke penalty payments.

When Basic Holdings refused to confirm this, Ruby Decor requested in new interim injunction proceedings that Basic Holdings be prohibited from using its enforcement instrument against the new variations. Ruby Decor alleged there was an urgent interest because they would suffer considerable damages when, in retrospect, marketing the variations were to infringe the '941 patent. Hence, Ruby Decor had an interest in knowing in advance whether or not Basic Holdings would proceed to claim penalty payments if Ruby Decor marketed any of the fireplace variations. However, Basic Holdings argued that Ruby Decor did not have any (urgent) interest because there was no sign of imminent execution in the absence of evidence that Ruby Decor would actually market any of the variations.

The interim injunction court ruled that the certainty requested by Ruby Decor cannot be provided in interim injunction proceedings due to the absence of (urgent) interest. No facts or circumstances of imminent execution by Basic Holdings were produced. Rather, the question whether any of the fireplace variations infringes the '941 patent should be assessed in main proceedings, and the question whether penalty payments are due should be dealt with in execution proceedings. In particular, the court ruled that it is not possible in interim injunction proceedings to impose a prohibition as claimed by Ruby Decor that is unconditional and unlimited in time.

maas.jpg

Huub Maas


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 renowned food brands were represented by a host of lawyers, including members of the firms’ IP teams
Partners at Bird & Bird and Taylor Wessing discuss how Saudi Arabia offers unique opportunities for firms dealing in IP and tech
Attorneys explain why there are early signs that the US Supreme Court could rule in favour of ISP Cox in a copyright dispute
A swathe of UPC-related hires suggests firms are taking the forum seriously, as questions over the transitional stage begin
A win for Nintendo in China and King & Spalding hiring a prominent patent litigator were also among the top talking points
Rebecca Newman at Addleshaw Goddard, who live-reported on the seminal dispute, unpicks the trials and tribulations of the case and considers its impact
Attorneys predict how Lululemon’s trade dress and design patent suit against Costco could play out
Lawyers at Linklaters analyse some of the key UPC trends so far, and look ahead to life beyond the transition period
David Rodrigues, who previously worked at an IP boutique, said he may become more involved in transactional work at his new firm
Indian smartphone maker Lava must pay $2.3 million as a security deposit for past sales, as its dispute with Dolby over audio coding SEPs plays out
Gift this article