MAY 2008
A guide to recovering legal costs
IP owners need to understand their chances of being awarded costs before they take legal action to enforce their rights. Zeeger Vink explains the rules in Europe
| One-minute read |
| Since the entry into force of the EU enforcement directive (Directive 2004/48/EC of the European Parliament and of the Council of April 29 2004 on the enforcement of intellectual property rights), most EU member states have made steady progress with its implementation. Several countries have amended their national laws to bring them in line with the Directive, and others are in the process of doing so. While some measures have already been the subject of much debate – those relating to evidence in IP proceedings and the calculation of damages, for example – relatively little attention has been given to another important aspect of the directive: the recovery of legal costs in IP proceedings. This article aims to give an overview of the situation in a number of key member states and a brief outline of some important outstanding issues. |
Four years ago, member states agreed to implement the EU enforcement directive (the Directive) to make it easier for IP owners to enforce their rights against infringers. One important provision deals with the issue of legal costs, and plaintiffs' rights to recover them. Although the Directive was aimed at harmonizing the rules across the EU, not all member states have interpreted the rules in the same way, and some have yet to implement the provisions into their national legislation. It is important that IP owners take into account the likelihood of being able to recover their costs before they decide to launch legal action, to avoid unpleasant shocks further down the litigation line.
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