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a defendant in preliminary Dutch IP enforcement cases can also obtain a cost order against the claimant if the case is withdrawn by the claimant before the oral hearing, for example after a defendant's written rebuttal.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 In that case, the writ was issued on October 23, and the case was withdrawn on November 10.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

Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Mitesh Patel at Reed Smith outlines why the US Copyright Office and courts have so far dismissed AI authorship and how inventors can protect AI-generated works
Xia Zheng, founder of AFD China, discusses balancing legal work with BD, new approaches to complex challenges, and the dangers of ‘over-optimism’
A dispute involving semiconductor technology and a partner's move from Hoffman Eitle to Hoyng Rokh Monegier were also among the top talking points
Gift this article