The Netherlands as the Gateway to EU-Wide IP Enforcement: Five Compelling Reasons for Non-EU Companies

Perhaps the single most powerful reason to choose the Netherlands is the well-established willingness of Dutch courts to issue cross-border injunctions that cover the entire European Union. In cases involving EU-wide intellectual property rights - most notably EU trade marks and EU designs (both registered under unitary EU regulations) and copyright (which, while national in origin, is highly harmonised across the EU) - Dutch courts have a strong and consistent track record of granting relief that extends beyond Dutch territory, depending on where the infringing party is domiciled or has an established entity.

This approach is firmly anchored in EU law. The EU Trade Mark Regulation and the EU Designs Regulation both allow courts designated as EU trade mark courts and EU design courts to issue injunctions prohibiting infringement "throughout the EU." Dutch courts have embraced this jurisdiction wholeheartedly. The practical consequence is transformative: instead of filing actions in Germany, France, Spain, Italy, and every other relevant market, a rights holder can obtain a single injunction from a Dutch court that stops the infringing conduct across all EU Member States in one stroke. For a company based in the United States, Japan, or Australia, this represents an extraordinary reduction in legal cost, complexity, and time. 

Dutch civil procedure offers a uniquely powerful tool that has no precise equivalent in most other legal systems: the kort geding, or summary injunction proceedings. This is an expedited procedure before a single judge in which a rights holder can obtain a binding court order - including a pan-European injunction - within a matter of weeks, sometimes even days in the most urgent cases.

The mechanics are straightforward. The applicant files a writ and demonstrates urgency (which is readily established when an infringing party is actively selling products in the market), after which the court schedules a hearing, typically within one to four weeks. Both parties present oral arguments, and the judge renders a decision - within a matter of days and sometimes even on the very same day. If the court finds that the rights holder's claim is sufficiently plausible and that the balance of interests favours granting relief, it will issue an injunction, often backed by substantial penalty payments (dwangsommen) for each day or act of non-compliance.

For non-EU rights holders dealing with an infringer who is actively eroding their market position, the kort geding is an indispensable weapon. It could stop the bleeding fast, without the multi-year wait associated with full merits proceedings. And because the resulting injunction can cover the entire EU, the urgency of the relief is matched by the breadth of its effect.

Not all IP courts are created equal. The District Court of The Hague (Rechtbank Den Haag) occupies a position at the very top tier of intellectual property adjudication in Europe. It is one of the designated courts for EU trade mark and EU design matters in the Netherlands, and it has developed a depth of expertise and a body of case law that is respected - and carefully followed - across the continent.

The judges of The Hague's IP chamber have decades of collective experience handling complex, high-stakes matters involving patents, trade marks, designs, and copyright. They are accustomed to dealing with technical arguments, multi-jurisdictional issues, and large-scale commercial disputes. Besides that, generally speaking, supporting documents may be submitted in English - a significant practical advantage for most foreign rights holders and their counsel. The court also maintains a dedicated IP track with efficient case management, ensuring that matters move forward predictably and without unnecessary delay.

For a non-EU company seeking a court that will understand the nuances of its IP portfolio, apply EU law with sophistication, and deliver a well-reasoned judgment that will be respected across jurisdictions, The Hague is an obvious choice.

The Netherlands offers a series of structural advantages that make it a natural hub for EU IP litigation by non-EU parties. It is home to major logistics and distribution infrastructure - including the Port of Rotterdam and Amsterdam Airport Schiphol - meaning that infringing goods frequently pass through or are distributed from Dutch territory, giving rights holders a natural jurisdictional hook. Dutch courts are also pragmatic about establishing jurisdiction over foreign defendants, particularly when the defendant has caused harm in the Netherlands or has an establishment or affiliate in the country.

Beyond jurisdiction, the Netherlands has a sophisticated legal services market with internationally oriented law firms, experienced in handling cross-border IP matters for foreign clients. English is widely spoken at all levels of the legal and judicial system. The country is a signatory to all relevant international conventions, and Dutch court judgments are readily enforceable across the EU under the Brussels I Regulation (recast). For a rights holder based in Seoul, São Paulo, or Silicon Valley, the practical ease of litigating in the Netherlands -compared to navigating the procedural and linguistic complexities of several different national systems simultaneously - is a decisive advantage.

Dutch IP law and its judicial culture are characterised by a strong respect for intellectual property rights and a willingness to grant meaningful, effective relief. Dutch courts do not shy away from issuing broad injunctions, ordering the recall of infringing products, directing the disclosure of supply chain information (including the identity of suppliers and customers), and awarding damages or ordering the disgorgement of profits. They are also experienced in assessing and awarding dwangsommen at levels that create genuine compliance incentives.

This enforcement-friendly approach, combined with a high degree of legal certainty - Dutch IP jurisprudence is consistent, well-documented, and publicly accessible - gives non-EU rights holders confidence that an investment in Dutch proceedings will yield a tangible, enforceable result. The combination of substantive expertise, procedural efficiency, and genuine willingness to grant far-reaching relief makes the Netherlands not merely a convenient choice, but arguably the optimal choice, for companies seeking to defend their intellectual property across the European Union with a single, decisive legal action.

Are you interested in finding out more about the opportunities the Netherlands has  to offer as a gateway to EU-wide IP enforcement? Please do get in touch with Luuk Jonker or any other member of the Holla IP team.