JLR Suffers Legal Setback In BYD Dispute As Dutch Court Orders Files Destroyed

A Hague judge orders Jaguar Land Rover to wipe seized BYD Ti7 documents within 24 hours, while the Defender design case continues separately.

BYD Ti 7

Photo by: BYD

Brian Potter

By: Brian Potter

Nov 12, at 5:14am ET

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A Dutch court just handed Jaguar Land Rover a setback in its fight with BYD over the Ti7's resemblance to the Land Rover Defender. The District Court of The Hague ruled on November 11 that JLR must destroy files it seized from BYD's Dutch offices, not keep building a case on them.

Judge H.F.R. van Heemstra ordered JLR to return or destroy the material within 24 hours of formal notice, under a penalty of €50,000 (about $55,000) per hour, capped at €500,000 ($556,000). The design dispute itself, whether the Ti7 copies the Defender, stays open.

Jaguar Land Rover Must Destroy The Seized BYD Ti7 Files

BYD Ti 7

BYD Ti 7

Photos by: BYD

2020 Land Rover Defender profile

2020 Land Rover Defender

The documents at the center of the case came from an August seizure at BYD's offices in Schiedam and Hoofddorp. Court-appointed bailiffs executed it under a JLR-requested court order. The haul reportedly included Ti7 launch plans, technical data and financial records.

Van Heemstra found JLR never needed that material in the first place. The judge ruled the files weren't necessary to show the BYD Ti7 copied the Defender's exterior design, nor to calculate damages, since BYD hasn't sold the Ti7 in the European Union.

"The ruling lifts the evidence seizure but does not decide whether the SUV infringes JLR's intellectual property rights," van Heemstra wrote. The court also barred JLR from taking further enforcement action under its original seizure authorization.

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

The €50,000 Hourly Penalty

BYD Ti 7

BYD Ti 7

Photos by: BYD

2020 Land Rover Defender head on

2020 Land Rover Defender

Beyond ordering the files destroyed, the court ordered BYD to pay €25,376.57 (about $28,200) in legal costs. The ruling takes effect immediately. JLR can't wait out an appeal before complying.

That penalty structure gives BYD real leverage if JLR drags its feet. Every hour past the 24-hour window adds another €50,000, and the total penalty stops climbing once it hits the half-million-euro ceiling.

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None of this affects the actual accusation that JLR leveled at BYD. The automaker still argues the Ti7 copies the Defender's design. Separate proceedings are underway in both Rotterdam and The Hague to settle that question.

JLR's broader case claims BYD dismantled a Land Rover Defender to reverse-engineer its technology for use in the Ti7. That fight over the SUV's shape and systems continues regardless of this week's procedural loss.