How Does Enforcement of Intellectual Property Rights Work in the Netherlands?

Published on 1 November 2025 · Last updated 25 October 2026

Dutch law enforces intellectual property rights mainly through civil proceedings. The rights holder can claim an injunction, damages or surrender of profits, and recall or destruction of infringing goods, if urgent in summary proceedings (kort geding). Special IP rules also allow evidence seizure and cost recovery (Articles 1019-1019i Dutch Code of Civil Procedure). Our team also advises on plant breeders rights in the Netherlands.

A rights holder must in principle take action itself when someone uses protected works, trademarks, designs or inventions without permission. Intentional infringement can also be a criminal offence; for copyright, for example, the maximum penalty is six months’ imprisonment or a fine of the fourth category (Article 31 Dutch Copyright Act). Whether to prosecute is up to the Public Prosecution Service. In most cases, enforcement of intellectual property rights is a civil matter between the rights holder and the alleged infringer.

Within Dutch jurisdiction, IP enforcement usually follows an escalation path from a warning letter to court proceedings. The special procedural rules apply to, among other things, the enforcement of copyright, neighbouring rights, database rights, patents, Benelux trademarks and designs, plant breeders’ rights, trade names and certain EU rights listed in Article 1019 Dutch Code of Civil Procedure. Do not wait too long. A claim for damages becomes time-barred five years after the start of the day following the day on which the injured party became aware of both the damage and the liable person, and in any event twenty years after the event that caused the damage (Article 3:310(1) Dutch Civil Code). Delay can also undermine the urgency required for summary proceedings.

What Actions Constitute Infringement of Intellectual Property Under Dutch Law?

Infringement occurs when someone performs actions exclusively reserved for the rights holder without authorization, including reproduction, distribution, exploitation, or commercial use of protected creations or inventions.

Concrete examples of IP infringement include copying books or music, placing someone else’s photographs on a website, selling counterfeit products, offering software for download without permission, and using a confusingly similar trade name. What counts as infringement depends on the right: copyright covers publication and reproduction, including adaptations that are not a new, original work (Article 1 and Article 13 Dutch Copyright Act); a Benelux trademark covers certain uses of the same or a similar sign in the course of trade (Article 2.20 Benelux Convention on Intellectual Property, BCIP); a registered design covers making, offering, selling, importing and using products that do not produce a different overall impression (Article 3.16 BCIP); and a patent covers making, offering, using and importing the patented product (Article 53 Dutch Patents Act 1995).

The severity and awareness of infringement often determine the legal approach. IP infringement regularly occurs unknowingly, for instance when an employee uses a protected photograph without realising it is protected. In such cases, a written cease-and-desist letter asking the infringer to stop often suffices. Awareness also matters legally: for a patent, damages can only be claimed from someone who knew or should reasonably have known that their acts infringed (Article 70(4) Dutch Patents Act 1995), and for a trademark the court rejects a claim for surrender of profits if the use was not in bad faith or the circumstances do not justify it (Article 2.21(4) BCIP).

Intentional infringement, usually aimed at financial gain, calls for heavier legal measures. Think of large-scale sales of counterfeit watches, illegal copies of music or films, or the use of software without a licence. Such infringements can cause substantial financial damage and reputational harm to the rights holder.

How Does the Court Assess Trademark Infringement According to BVIE in the Netherlands?

A Benelux trademark gives its registered holder an exclusive right (Article 2.20(1) BCIP). Registration is essential: no one can claim protection for a sign as a trademark, whatever claim is brought, without a registration, except the holder of a well-known mark within the meaning of Article 6bis of the Paris Convention (Article 2.19(1) BCIP).

Article 2.20(2) BCIP distinguishes four situations in which the holder can prevent use of a sign without consent. First, use in the course of trade of a sign identical to the trademark for identical goods or services. Second, use in the course of trade of an identical or similar sign for identical or similar goods or services, if there is a likelihood of confusion on the part of the public, including confusion resulting from association with the earlier mark.

Third, a trademark with a reputation in the Benelux is also protected against use of an identical or similar sign for any goods or services, where use without due cause takes unfair advantage of, or is detrimental to, the distinctive character or reputation of the mark. Fourth, the holder can act against use of a sign other than for the purpose of distinguishing goods or services, under the same conditions of due cause and unfair advantage or detriment (Article 2.20(2)(c) and (d) BCIP).

When comparing signs, the courts look at visual, aural and conceptual similarity.

In assessing a likelihood of confusion, courts examine whether the use may lead the public to believe that the goods or services come from the trademark holder or a linked undertaking, applying the “average consumer” standard developed in EU case law. The distinctive character and reputation of the earlier trademark also play a role.

What Legal Steps Do Rights Holders Take During IP Infringement in Dutch Law?

Rights holders begin with a written cease-and-desist letter requesting the infringer to stop the violation, followed by settlement negotiations or, if necessary, preliminary injunction proceedings before the court.

The first step consists of sending a demand letter wherein the rights holder describes the infringement and demands immediate cessation and continued abstention from the activities. This letter often accompanies a written undertaking that the infringer can sign. Through signature, the infringing party commits to ceasing the conduct, usually coupled with a penalty amount upon violation.

Subsequently, the parties can try to reach a settlement. Central to this is what the rights holder wants: compensation, a licence for future use, or simply the removal of specific content or products.

Evidence is often decisive. If the rights holder has made it sufficiently plausible that its right has been or is about to be infringed, the preliminary relief judge (voorzieningenrechter) can grant leave for measures to protect evidence, such as an evidence seizure, a detailed description or the taking of samples, if necessary without hearing the other party (Article 1019b Dutch Code of Civil Procedure). An infringement counts as a legal relationship for the right to inspect or obtain copies of data, and other evidence in the other party’s control can also be claimed, provided confidential information is protected (Article 1019a).

When warning letters and negotiations fail, the rights holder can go to court. In urgent cases, rights holders often choose summary proceedings (Article 254 Dutch Code of Civil Procedure), in which the judge usually gives a provisional ruling within a few weeks. In urgent cases, in particular where delay would cause irreparable harm, the preliminary relief judge can also issue an order to prevent a threatened infringement on an ex parte application, without summoning the alleged infringer; the infringer can then ask for a review in summary proceedings (Article 1019e). If the main action is not brought within the period set by the judge, the provisional measure loses its effect once the defendant files a declaration to that effect; if no period was set, the same applies after at least 31 days, including at least 20 working days (Article 1019i). Except in cantonal cases, parties must be represented by a lawyer (advocaat) (Article 79); in summary proceedings the defendant may also appear in person (Article 255(1)). In patent cases, the District Court of The Hague has exclusive jurisdiction in the Netherlands, without prejudice to the jurisdiction of the Unified Patent Court (Article 80(2) and 79a Dutch Patents Act 1995).

What Can Rights Holders Claim in IP Proceedings Under Dutch Law?

Rights holders can combine several claims: an injunction with a penalty for non-compliance, damages or surrender of profits, recall or destruction of infringing goods, and an order to pay the reasonable and proportionate legal costs of the successful party.

In IP proceedings, the rights holder usually claims an order to stop the infringement and not to resume it. The court can attach a penalty payment (dwangsom) to that order and sets its amount; it cannot be forfeited before the judgment has been served (Article 611a Dutch Code of Civil Procedure). The court can also order infringing goods to be recalled, removed from the channels of commerce or destroyed, taking into account the proportionality between the seriousness of the infringement and the measures, and the interests of third parties (Article 28 Dutch Copyright Act, Article 2.22(1) BCIP, Article 70(7) Dutch Patents Act 1995).

Financial claims can take several forms. Instead of or in addition to damages, the rights holder can claim surrender of the profit the infringer made from the infringement, together with an account of that profit (Article 27a Dutch Copyright Act, Article 2.21(4) BCIP, Article 70(5) Dutch Patents Act 1995). The court can also order the infringer to disclose everything it knows about the origin and distribution channels of the infringing goods or services (Article 28(9) Dutch Copyright Act, Article 2.22(4) BCIP).

When setting damages for trademark infringement, the court takes into account all appropriate aspects, such as lost profits, the unfair profits made by the infringer and, in appropriate cases, non-economic damage; alternatively, it can set a lump sum based on at least the royalties that would have been due under a licence (Article 2.21(2) BCIP). In copyright cases, too, the court can set damages as a lump sum in appropriate cases (Article 27(2) Dutch Copyright Act). In summary proceedings, the court does not award final damages, but it can award an advance payment in appropriate cases. Final damages are determined in proceedings on the merits.

An important difference from ordinary civil proceedings is the costs regime. Under Article 1019h Dutch Code of Civil Procedure, the losing party in an intellectual property case is, on request, ordered to pay the reasonable and proportionate legal costs and other expenses of the successful party, unless fairness opposes this. That goes beyond the fixed scale applied in ordinary proceedings, but it is not an automatic right to every euro spent: the court assesses what is reasonable and proportionate. Court fees come on top. In 2026, the fee at the district court for a claim of indeterminate value, such as an injunction, is €735 for a party that is not a natural person (such as a company or a partnership) and €341 for a natural person (€93 for a natural person of limited means); for monetary claims, the fee depends on the amount claimed (Court Fees Act in Civil Cases (Wet griffierechten burgerlijke zaken), annex).

Enforcement also carries a risk for the rights holder. If a seizure was wrongly made, a provisional measure should not have been taken, or it turns out that there was no infringement or threat of infringement, the court can order the party that requested the measure to compensate the resulting damage appropriately (Article 1019g Dutch Code of Civil Procedure).

Would you like certainty regarding your position in an IP dispute? Specialized attorneys in the Netherlands analyze your situation and advise on the most effective strategy. They examine the legal validity of claims and guide you through negotiations or judicial procedures.

How Does Customs Intervention Work During Counterfeit Import in the Netherlands?

Rights holders can request customs authorities to detain suspicious goods when suspecting someone manufactures their products abroad and intends to import them into the Netherlands or other EU member states.

When customs approves the request and discovers suspicious goods, they inform the rights holder who must subsequently undertake further legal action independently. This preventive measure prevents counterfeit products from reaching the European market. Customs seizes the goods, after which the rights holder must indicate within a short timeframe whether legal steps will be taken. If the rights holder fails to respond timely, customs releases the goods nevertheless.

This border enforcement mechanism operates under EU Regulation 608/2013, which enables rights holders to file an application for action so that customs officials can recognise suspected infringing goods.

What Specific Claims Are Possible During Copyright Infringement in the Netherlands?

Rights holders can institute comparable claims as in trademark infringement, but with emphasis on reproduction and publication, as copyright protects original works including texts, photographs, music, and designs.

Anyone who publishes or reproduces a work without permission infringes the copyright, unless a statutory exception applies, such as the quotation right (Article 15a Dutch Copyright Act) or use as an illustration for teaching (Article 16). Reproduction also covers translations, adaptations and any partial adaptation or imitation in a changed form that is not a new, original work (Article 13 Dutch Copyright Act). The copying of only part of a work can therefore also infringe.

In IP cases, the court can order, at the infringer’s expense, appropriate measures to disseminate information about the judgment (Article 28(10) Dutch Copyright Act; Article 2.22(7) BCIP for trademarks and Article 3.18(7) for designs). In addition, the maker of a work has moral rights, even after transferring the copyright, including the right to object to any distortion, mutilation or other impairment of the work that could harm the maker’s honour or reputation (Article 25(1)(d) Dutch Copyright Act).

Article 25 of the Dutch Copyright Act also allows the maker to object to publication of the work without their name, unless the objection would be unreasonable, and to publication under another name. After the maker’s death, these rights pass, until the copyright expires, to the person designated in the will or, failing that, to the next of kin (Article 25(2)). The maker can waive some of these rights (Article 25(3)).

How Should One Respond to Allegations of IP Infringement According to Dutch Legislation?

If you are accused of infringing intellectual property, respond quickly and carefully, even if the claim seems unfounded. A warning letter is often followed by summary proceedings, and those can be started at short notice.

The first action consists of verifying claim validity. Does the opposing party actually possess IP rights and does the alleged use potentially fall thereunder? A specialized intellectual property attorney assesses this professionally. This analysis prevents errors in initial response that can become costly later.

When infringement actually exists, swift and prudent action is crucial. A practical solution avoids escalation and limits damage. Rights holders appreciate professional acknowledgment and direct measures toward cessation of infringement. Additionally, parties can arrange licensing agreements for future use.

If the allegation is unfounded, you do not have to accept it. There is no statutory duty to reply to a warning letter, but a reasoned rejection can prevent proceedings and shows your position early. Check whether the right is valid and enforceable: a trademark that has not been put to genuine use in the Benelux for five years can be revoked, unless there is a valid reason for the non-use (Article 2.27(2) and Article 2.23bis BCIP), and a patent can be revoked by the court on the grounds listed in Article 75(1) Dutch Patents Act 1995. In patent matters, a party can also ask the court to declare that its acts do not infringe (Article 80(2)(b) Dutch Patents Act 1995).

Keep the cost rule in mind: if a case goes to court and you lose, you will on request have to pay the reasonable and proportionate legal costs of the rights holder, unless fairness opposes this (Article 1019h Dutch Code of Civil Procedure). Conversely, a rights holder who loses must pay yours. A realistic early assessment therefore matters for both sides.

Which Law Applies During Cross-Border IP Infringement Under Netherlands Law?

During cross-border intellectual property rights infringement, the location where infringement occurs determines which law applies to various claims, with the Court of Justice distinguishing between primary cessation claims and ancillary claims.

For ancillary claims such as provision of accounting information and documents, the court applies the law of the country where infringement was committed. In cross-border situations where products are supplied from Italy to Germany and sold through internet advertising targeting German consumers, the German court applies German law.

For damages and destruction of infringing products, the court applies its national law, including private international law. The court need not investigate whether an original infringing act occurred on another member state’s territory, provided infringement remains limited to one country.

These rules apply to situations wherein judicial competence lies with the court of the country where infringement occurs or threatens to occur. Additionally, a rights holder can litigate before the court where the defendant party resides, whereby different rules for applicable law may apply.

The Brussels Ia Regulation (EU) No 1215/2012 governs jurisdictional questions in cross-border IP disputes within the European Union, enabling rights holders to consolidate multiple national infringement claims before a single court in certain circumstances. Dutch courts apply this framework when adjudicating pan-European trademark or design right violations originating from activities in the Netherlands but affecting multiple jurisdictions simultaneously.

Why Is Speed Crucial During IP Enforcement in Dutch Jurisdiction?

Swift action during intellectual property infringement prevents substantial financial damage and reputational harm, as counterfeit products undermine authentic product value and damage brand image.

Ongoing infringement causes ongoing damage, and inaction can weaken the rights holder’s position. For trademarks, the law even attaches a consequence to toleration: the holder of an earlier trademark who has knowingly tolerated the use of a later registered trademark for five consecutive years can no longer have that later mark declared invalid on the basis of the earlier mark for the goods or services for which it was used, unless the later mark was filed in bad faith (Article 2.30septies(1) BCIP). Acting promptly shows that the rights holder protects its rights.

In summary proceedings, a rights holder can obtain a provisional ruling within a few weeks that orders the infringement to stop. This speed matters in acute situations, such as a product launch in which a competitor uses a protected design without permission. The provisional order limits further damage; proceedings on the merits can follow (Article 1019i Dutch Code of Civil Procedure).

There is no fixed statutory deadline for summary proceedings, but the claimant must have an urgent interest (Article 254(1) Dutch Code of Civil Procedure). The longer a rights holder waits after discovering an infringement, the harder it may become to show that a provisional measure is urgent.

Contact a law firm in the Netherlands for personal legal advice regarding enforcement of your intellectual property rights. Specialists in trademark law, copyright, and IP disputes guide you from cease-and-desist letters through judicial procedures, striving for maximum protection of your innovation and creativity.

Frequently asked questions about enforcement of intellectual property rights in the Netherlands

What counts as intellectual property infringement under Dutch law?

Infringement is an act reserved to the rights holder, done without permission. For copyright, that is publishing or reproducing the work (Articles 1 and 13 Dutch Copyright Act); for a Benelux trademark, use of an identical or similar sign in the situations of Article 2.20(2) BCIP; for a patent, making, offering, using or importing the patented product (Article 53 Dutch Patents Act 1995).

How does IP enforcement work in the Netherlands?

Usually through a warning letter, followed by summary proceedings or proceedings on the merits. Special rules apply to IP cases: evidence seizure (Article 1019b Dutch Code of Civil Procedure), ex parte orders in urgent cases (Article 1019e), and recovery of reasonable and proportionate legal costs (Article 1019h).

Can IP infringement lead to a fine in the Netherlands?

In civil proceedings, the court can impose a penalty payment (dwangsom) for each breach of an injunction (Article 611a Dutch Code of Civil Procedure). Intentional infringement can also be a criminal offence; for copyright the maximum is six months’ imprisonment or a fine of the fourth category (Article 31 Dutch Copyright Act).

Who pays the costs of an IP lawsuit in the Netherlands?

On request, the losing party is ordered to pay the reasonable and proportionate legal costs and other expenses of the successful party, unless fairness opposes this (Article 1019h Dutch Code of Civil Procedure). Court fees depend on the claim; in 2026 a claim of indeterminate value at the district court costs €735 for a party that is not a natural person (such as a company or a partnership) and €341 for a natural person (€93 for a natural person of limited means).

How long do you have to bring an IP infringement claim?

A claim for damages becomes time-barred five years after the start of the day following the day on which the injured party became aware of both the damage and the liable person, and in any event after twenty years (Article 3:310(1) Dutch Civil Code). For summary proceedings, waiting can undermine the required urgency.