CJ CheilJedang v Daesang Europe (CFI, UPC_CFI_739/2025, 13 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 25 August 2025 (UPC_CFI_739/2025), The Hague Local Division, sitting as a single judge and without hearing the defendants, allowed CJ CheilJedang to carry out a seizure of evidence at a Dutch warehouse storing liquid L-lysine made by the Daesang group, in order to establish whether EP 3 508 580, which concerns a genetic promoter used in L-lysine production, is being used. The order matters in practice because it combines Rule 192 RoP with Dutch law on evidence seizures: sampling with analysis by an expert, seizure of documents by way of copies, and exclusion of the applicant’s representatives during the operation.

Facts and procedure

The applicant, a Korean food and biotechnology group, owns EP 3 508 580, granted in 2022, and withdrew its opt-out on 24 July 2025 (paragraph 2.4). Daesang Europe imports and sells the Daesang group’s L-lysine in Europe. The second defendant operates the warehouse where the liquid product is stored (paragraph 2.3). The application was filed on 13 August 2025, by preliminary order of 17 August 2025 the judge put questions to the applicant, which replied on 19 August 2025 (paragraph 1). Edger Brinkman decided to sit alone under Rule 194.3 RoP.

The applicable law

International jurisdiction rests on Art. 4 of Regulation 1215/2012, and the competence of the local division on Art. 33(1)(a) and (b) UPCA and Rules 192.1 and 199 RoP (paragraph 5.1). Execution of the measure is governed by Dutch law, in particular Arts 700, 1019b and 1019d of the Dutch Code of Civil Procedure and the practice of the national courts (paragraph 6.8).

Question

Are the conditions for an ex parte seizure of evidence met, and does Rule 196.3(a) RoP require the applicant’s representatives to be allowed to attend the seizure?

Decision

The order was made without hearing the defendants because of the risk that evidence would be lost (paragraph 4.1). Infringement was held plausible following a summary review whose reasoning is redacted in the published version (paragraphs 6.1 to 6.4). The measure is proportionate and subsidiary, since the product, sold in a niche market, is not available to the public or to competitors. The stored L-lysine is presumed to be held for Daesang Europe (paragraphs 6.5 and 6.6). Rule 196.3(a) RoP uses the word « may » and does not oblige the court to allow the applicant’s representatives to attend. In line with Art. 443(2) of the Dutch Code, no representative of the applicant may be present (paragraphs 6.9 and 7.13). The division authorised the seizure of copies of commercial, technical and invoicing documents from 12 July 2022, with a penalty of EUR 5,000 per hour, capped at EUR 100,000, for refusing access to external files, and the taking of three one-litre samples, two of which are to be analysed by an expert together with Eurofins (paragraphs 7.1 to 7.9). The report is at first accessible only to the defendants’ representatives, and to the applicant’s representatives from the fifth working day unless a confidentiality request is filed (paragraph 7.10). The merits action must be brought within the period in Art. 60(8) UPCA (paragraph 7.20). The order is immediately enforceable and costs are reserved (paragraphs 7.21 and 7.22).

Key points for practice

• Before a Dutch local division, a seizure of evidence is executed under Dutch law and practice, including seizure by way of copies and the document selection procedure (paragraphs 6.8 and 7.4).
• Rule 196.3(a) RoP confers a discretion: the judge may refuse to let the applicant’s representatives attend the seizure (paragraph 6.9).
• A closed market in which no test purchase is possible supports an ex parte seizure (paragraph 6.5).
• Practical point: the applicant should describe precisely the documents and premises targeted and plan for the deadline to sue on the merits, which runs from disclosure of the expert report (paragraph 7.20).

Provisions applied

Agreement on a Unified Patent Court

Arts 33(1)(a) and (b) and 60

Rules of Procedure

Rules 192, 194.3, 196.3, 197.3, 198.1 and 199

Regulation (EU) No 1215/2012

Art. 4

Other provisions

Dutch Code of Civil Procedure, Arts 205, 206, 443(2), 461d, 700, 702(1), 1019b, 1019c and 1019d

Case law cited

No decisions cited.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.