In 2018, ROHR-IDRECO became aware of the unlawful use of its intellectual property rights and trade secrets by Dredgepumps B.V. Consequently, ROHR-IDRECO levied attachment against Dredgepumps B.V. and the persons involved in Dredgepumps B.V. and commenced legal proceedings before the Gelderland district court.
ROHR-IDRECO is an internationally operating designer and builder of electrically powered dredgers and systems and related equipment such as dredging pumps for the sand and gravel mining industry. ROHR-IDRECO also offers maintenance services and spare parts during the lifetime of the equipment it supplies. Our mission, together with our customers, suppliers and other partners in the chain, is to continue to innovate in order to achieve the most efficient and sustainable extraction of raw materials. We therefore invest significantly in our R&D, and employ a significant team of engineers and other technicians at our offices and facilities around the world. ROHR-IDRECO has taken measures and actively pursues policies to protect its intellectual property rights and trade secrets.
The Gelderland District Court rendered its judgment on 15 July 2020. The Gelderland District Court has allowed all ROHR-IDRECO’s claims against DredgePumps B.V., which means, among other things:
- the use, duplication and disclosure of ROHR-IDRECO’s trade secrets by DredgePumps B.V. must cease; and
- the goods infringing ROHR-IDRECO’s trade secrets must be recalled from the market;
- the goods produced by DredgePumps B.V. infringing ROHR-IDRECO’s trade secrets must be destroyed; and
- any infringement of the copyrights of ROHR-IDRECO by DredgePumps B.V. must cease,
All this subject to a periodic penalty payment.
DredgePumps B.V. has since been declared bankrupt. The bankruptcy reports of the trustee in bankruptcy show that the share ratio of the bankrupt DredgePumps B.V. was as follows:
- Mr Joachim Seiter holds 50% of the shares;
- Wercon B.V. holds 30% of the shares; and
- Nijlif Holding B.V. holds 20% of the shares.
Meanwhile, the former shareholders of DredgePumps B.V. have continued the business activities of DredgePumps B.V. under the names Dredgers & Pumps GmbH and DP Parts & Services B.V., among others.
ROHR-IDRECO is currently in talks with various parties in the Netherlands, Germany and France who unlawfully possess ROHR-IDRECO’s trade secrets and/or infringing goods, and will continue to do everything in its power to recover the damage it has suffered and to prevent further infringements of its intellectual property rights and trade secrets.
Read the full judgement of 15 July 2020 below:
Gelderland District Court (UK)
Case number: EN 19.11233
Rohr-Idreco Dredge Systems B.V. vs. DredgePumps B.V.
Judgment of 15 July 2020
