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a defendant in preliminary Dutch IP enforcement cases can also obtain a cost order against the claimant if the case is withdrawn by the claimant before the oral hearing, for example after a defendant's written rebuttal.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 In that case, the writ was issued on October 23, and the case was withdrawn on November 10.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

While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
IP firm leaders share why they remain positive in the face of falling patent applications from US filers, and how they are meeting a rising demand from China
The power of DEI to swing IP pitches is welcome, but why does it have to be left so late?
Mathew Lucas has joined Pearce IP after spending more than 25 years at Qantm IP-owned firm Davies Collison Cave
Exclusive survey data reveals a generally lax in-house attitude towards DEI, but pitches have been known to turn on a final diversity question
Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Gift this article