JLR Ordered to Destroy Seized BYD Ti7 Files by Dutch Court
Jaguar Land Rover lost a court battle on November 11 in the Netherlands when a judge ordered the British carmaker to destroy evidence seized from Chinese rival BYD.
Judge Hugo van Heemstra issued the preliminary ruling at the District Court of The Hague, overturning an August evidence seizure covering internal records taken from BYD offices in Schiedam and Hoofddorp, CarNewsChina.com reported. BYD challenged the scope of the seizure during a hearing, arguing that it went beyond allegations that its Ti7 SUV imitated the Land Rover Defender design.
The seized material included launch plans for the Ti7, technical data, sensitive financial information, and records related to the Land Rover Defender, according to Electrifying.com. Mr van Heemstra found that Jaguar Land Rover did not need the files to support its design claims or calculate damages because the vehicle is not yet on sale in the European Union.
Jaguar Land Rover must now instruct a court-appointed custodian to destroy the files or return them within 24 hours of formal service. Failure to issue instructions on time carries a penalty of €50,000 per hour, capped at €500,000. The company must also provide independent confirmation of the destruction within 24 hours.
The judge rejected Jaguar Land Rover’s demand for €500,000 in penalty payments from BYD for non-compliance with earlier orders, finding that the Chinese automaker had complied with the original seizure. The court ordered Jaguar Land Rover to pay BYD €25,376.57 in legal costs.
When contacted by Auto Express, a Jaguar Land Rover spokesperson said that the firm “does not comment on ongoing legal proceedings”. A BYD UK spokesperson declined to comment for the same reason.
The hearing in The Hague marks the first step in deciding whether BYD copied the Defender 4×4 design for the Ti7 SUV, which is scheduled to go on sale in the UK in January 2027. “infringement of the model right to the Defender” is what Jaguar Land Rover has initiated separate proceedings in courts in The Hague for, along with infringement of model rights and in Rotterdam for copyright infringement and slavish imitation.