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 2026

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a defendant in preliminary Dutch IP enforcement cases can also obtain a cost order against the claimant if the case is withdrawn by the claimant before the oral hearing, for example after a defendant's written rebuttal.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 In that case, the writ was issued on October 23, and the case was withdrawn on November 10.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

IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
After bringing on board three new partners, the recently merged firm has its eyes on breaking into the top-flight of firms for patent disputes and ITC litigation
While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
Gift this article