How much patent litigation is there in Europe? - the Netherlands

Part four of a six part series reviewing the patent litigation landscape in Europe - Patent litigation in the Netherlands.

netherlands

K. Cremers et al., “Patent Litigation in Europe”, Zentrum für Europäische Wirtschaftsforschung GmbH, Discussion Paper No.13-072 (September 2013)

Reviews of Dutch patent litigation identified 326 patent litigation cases as having been litigated in the Dutch High Court between 2000 and 2008, an average of just over 36 per year. This figure may, however, understate the actual volume of patent litigation in the Netherlands as other surveys have identified higher volumes suggesting more than 50 cases are heard each year.

The profile of patents litigated in the Netherlands is similar to the profile of patents litigated in the UK. Between 2000 and 2008, the proportion of cases involving patents granted by the European patent office rather than Dutch national rights was 72.6%, a rate similar to that in the UK for the same period (80.6%). In both countries the proportion of litigated patents involved in parallel litigation was also relatively high, with 15% of patents whose numbers could be identified being litigated by the same parties in another jurisdiction and another 15% being litigated against other defendants. As with the UK, the proportion of foreign as opposed to national parties is also relatively high c.60% compared with around 50% in France and Germany.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.