A Dutch court has ruled that JLR must destroy the evidence it seized at BYD’s European offices. But the court’s decision does not acquit the Chinese manufacturer in JLR’s copyright court case.

To refresh your memory: JLR claims BYD’s upcoming Ti7 SUV copies its Land Rover Defender model. The British company wants to prevent the model’s sale in the EU and has started a court case against the Chinese company.

‘Fishing expedition’

To support its claim, JLR had digital documents seized at BYD’s European offices in the Netherlands. It feared BYD could make them disappear to obstruct legal proceedings. A Dutch court has now ruled the seized documents cannot be used as evidence and must be destroyed.

Moreover, JLR can’t keep pursuing enforcement under the seizure order. If it fails to comply, the company must pay up to €500,000 for failing to destroy the seized data and €500,000 for each further prohibited enforcement action. On the other hand, BYD has to pay €25,376.57 in legal costs, according to the published operative part of the judgment.

Nevertheless, this is a win for BYD. The Chinese manufacturer called JLR’s seizure a “fishing expedition”. It claims the British manufacturer wanted to obtain a wide array of confidential information without a clear reason.

Legal battle continues

With the court’s decision, JLR has lost a battle in the The Hague District Court on November 11th, not its war against the BYD Ti7. The question remains whether the model’s design actually violates the Land Rover Defender’s design copyright.

A decision on that point, and a possible sales ban, is part of a separate judicial process. JLR has started summary cases in The Hague and Rotterdam. And there is a certain sense of urgency to it for the British manufacturer. BYD plans to start deliveries of the BYD Ti7 in the UK in January 2027, and pre-sales have already started.

The UK is no longer in the EU, so a decision to ban sales here wouldn’t automatically apply to JLR’s home turf. But it could factor into British proceedings, although the UK’s copyright laws are not the same as the EU’s.

Popular copycat target

If the BYD Ti7 were banned from sale, it would not be the first time JLR has won a copyright case. In 2019, the Range Rover Evoque Lookalike Landwind X7 from Chinese manufacturer Jiangling Motors was taken off the market in China.

JLR also started a claim against Ineos. It claimed the Grenadier copied its previous-generation Land Rover Defender, but lost the case. So while there may be resemblance, a JLR win is not guaranteed.

Interestingly enough, JLR did not start a case against Jaecoo. Many see the Jaecoo 7 as copying the Range Rover Sport. But Jaecoo’s parent company, Chery Automotive, is one of JLR’s long-standing Chinese partners.

Will the upcoming Chery-built electric Land Rover Freelander have anything to do with the British company’s leniency toward the Jaecoo 7?