JLR Ordered To Destroy BYD Files By Dutch Court In Defender Dispute

A Dutch court ordered JLR to return or destroy files seized from BYD's offices in their ongoing legal battle over whether the Ti7 SUV copies Defender.

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Summary is AI-generated, newsroom-reviewed
  • Jaguar Land Rover must destroy or return documents seized from BYD’s Dutch offices within 24 hours
  • The Hague court ruled the seized material was unnecessary to prove Ti7 copies the Land Rover Defender
  • JLR faces fines up to 500,000 euros if it fails to comply with the court’s order
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Jaguar Land Rover has suffered a procedural blow in its legal battle with BYD over the Ti7 SUV. A court in The Hague has ordered JLR to destroy or return documents seized from BYD's Dutch offices, ruling that the material was not needed to support its claim that the Ti7 copies the Land Rover Defender.

The ruling, issued by Judge H.F.R. van Heemstra, gives JLR 24 hours from formal notice to comply. If it fails, the company faces a penalty of 50,000 euros per hour, capped at 500,000 euros.

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What The Court Found

The files were seized in August from BYD's offices in Schiedam and Hoofddorp, following a court order sought by JLR. The haul reportedly included Ti7 launch plans, technical data and financial records.

Judge van Heemstra found that JLR did not need the material to prove its case. The court said the files were not necessary to show that the Ti7 copied the Defender's exterior design, nor to calculate damages, since BYD has not sold the Ti7 in the European Union.

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What This Means For The Case

The ruling lifts the evidence seizure but does not decide whether the Ti7 infringes JLR's intellectual property rights. The court has also barred JLR from taking further enforcement action under its original seizure authorisation.

BYD had argued that the seizure was an overreach, sweeping up unrelated research and development material. The court agreed that the collection request was too broad and rejected JLR's separate bid for a surprise inspection of BYD's internal files.

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What Happens Next

The court has also ordered BYD to pay 25,376.57 Euros in legal costs. The ruling takes effect immediately, and JLR cannot wait for an appeal before complying.

The bigger question of whether the Ti7 copies the Defender's design or technology remains unresolved. Separate proceedings are underway in both Rotterdam and The Hague to settle that issue.

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