NETHERLANDS Law and Practice Contributed by: Rutger Kleemans, Jelle Drok, Ruben Laddé and Allard van Duijn, Freshfields
7. Appeal 7.1 Special Provisions for Intellectual Property Proceedings Decisions in first-instance patent cases can be appealed according to the general rules outlined in the Dutch Code of Civil Procedure. No leave to appeal is required. Appeals to decisions from the District Court of The Hague are heard before the Court of Appeal of The Hague. 7.2 Type of Review The Court of Appeal conducts a full review of the case, including the facts and legal arguments. This may include new evidence, grounds and arguments, including new attacks on validity or allegations of infringement. Other than in the first instance, restrictions do apply to the number of pages of written briefs. The third instance is the Supreme Court, which hears cassation cases. The Supreme Court con- siders whether the Court of Appeal applied the law correctly and whether the Court of Appeal’s judgment is comprehensible and well-substan- tiated.
the strengths and weaknesses of the case, including patent analysis and review of the relevant products or processes. • Expert fees: it may be necessary to hire tech- nical or legal experts to assess the validity of the patent, infringement or damages. • Pre-litigation actions: costs may include draft- ing and sending warning letters (to inform the alleged infringer of the infringement and of the intention to enforce the patent), protective letters (to protect the plaintiff’s position in the event of future litigation) and other prepara- tory activities such as negotiating with the opposing party or gathering evidence. • Collection of evidence: costs may be incurred in gathering and preserving evidence. The actual costs incurred prior to filing a lawsuit can vary greatly depending on the specifics of the case. 8.2 Calculation of Court Fees The court fees in Dutch patent cases are typi- cally under EUR1,000. 8.3 Responsibility for Paying the Costs of Litigation Court fees in Dutch patent proceedings are rela- tively low, but overall litigation costs can vary significantly depending on the case’s complex- ity. The primary costs are typically related to attorney and patent attorney fees, as well as potential expert costs. The losing party is generally responsible for cov- ering the court fees and the legal costs of the prevailing part. Legal costs are normally award- ed on a points-based system, where the recov- erable costs will usually stay below EUR10,000. However, in patent proceedings, the unsuccess- ful party may be ordered to reimburse the full
8. Costs 8.1 Costs Before Filing a Lawsuit
Before filing a lawsuit, various costs may be incurred, depending on the complexity of the case and the specific actions taken during the pre-litigation phase. Costs may include the fol- lowing. • Lawyers’ and patent attorneys’ fees: these cover the costs of legal advice, prepara- tion of legal documents and evaluation of
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