New indicative rates for IP cases

Since the entry into force of the European Enforcement Directive (10 years ago) the full legal costs of civil enforcement proceedings in the Netherlands have usually been reimbursed: in principle, the party that wins the case can claim all its legal costs. That all seemed right and proper, until it emerged that it was also causing a great deal of uncertainty. Many businesses were afraid to assert their rights: despite a good chance of success, the risk of having to pay legal costs (in the event of a loss) often proved too great. That is why indicative rates were created, to give an indication of what can be claimed in terms of costs. These rates do not apply to patent cases – yet. The indicative rates were adjusted on 1 April 2017.

The list of new rates for district courts in the first instance appears below. A new element is that for very simple cases only the liquidation rate can be claimed (i.e. virtually nothing, the rate that is the starting point in all other civil cases). Case law will have to make clear whether a case is very simple or, in fact, complex. As a footnote to the new rates, the example given of a ‘very simple case’ is a one-off, small-scale infringement (e.g. a photo on a website). Where, until recently, during settlement negotiations some rights holders would flat out threaten legal action (with full reimbursement of costs), in many cases this appears to have been halted.

Preliminary relief proceedings: Actions on the merits (with or without entering a plea):
                                                
Very simple: liquidation rate             Very simple: liquidation rate
Simple:    max. €6,000                      Simple:    max. €8,000
Normal:   max. €15,000                    Normal:   max. €17,500/20,000
Complex: max. €25,000                    Complex: max. €35,000/40,000
 
Moïra Truijens