Europe: UPC court fees announced
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Europe: UPC court fees announced

At the end of February the Preparatory Committee for the Unified Patent Court announced the definitive proposal for court fees for the UPC, which is planned to start in early 2017.

The most striking change with respect to the previous proposal is that the costs for registering an opt-out are set to zero. The argument of the Preparatory Committee for doing so was, next to the many requests from the profession, that registration and checking for payment would complicate the opt-out procedure. This procedure now is a simple filling of the required data in the automated registration system of the Court.

The other fees of the Court follow the original proposal, to the effect that filing cases for infringement or declaration for non-infringement involve a fixed fee of €11,000 and a value-based fee that can vary between €0 and €325,000. The value of the case should be calculated in the simplest way, for example by reference to an appropriate licence fee. Filing a revocation action only is subject to a fixed fee of €20,000.

There will be a 40% reduction for SMEs or micro-entities if they meet certain criteria. Court fees may be partially reimbursed for simpler procedures, such as when cases are heard by one judge, withdrawn or settled.

The value of the case also determines the ceiling of the recoverable costs, which may be awarded to the winning party.

For both the recoverable costs and the court fees there is leeway for the court to adjust the levels to the nature of the parties. If and how the cost structure favours non-practising entities (patent trolls) is difficult to predict. Possibly, they inadvertently profit from the arrangements that are applicable to SMEs.

More details and a full disclosure of the complete cost structure can be found on the website of the Preparatory Committee

Bart van Wezenbeek

V.O.Johan de Wittlaan 72517 JR The HagueThe NetherlandsTel: +31 70 416 67 11Fax: +31 70 416 67

more from across site and ros bottom lb

More from across our site

External counsel for automotive companies explain how trends such as AI and vehicle connectivity are affecting their practices and reveal what their clients are prioritising
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
The winners of the awards will be revealed at a gala dinner in New York City on April 25
Counsel debate the potential outcome of SCOTUS’s latest copyright case after justices questioned whether they should dismiss it
Each week Managing IP speaks to a different IP lawyer about their life and career
The small Düsseldorf firm is making a big impact in the UPC. Founding partner Christof Augenstein explains why
The court criticised Oppo’s attempts to delay proceedings and imposed a penalty, adding that the Chinese company may need to pay more if the trial isn’t concluded this year
Miguel Hernandez explains how he secured victory for baby care company Naterra in his first oral argument before the Federal Circuit
The UPC judges are wrong – restricting access to court documents, and making parties appoint a lawyer only to have a chance of seeing them, is madness
The group, which includes the Volkswagen, Seat and Audi brands, is now licensed to use SEPs owned by more than 60 patent owners
Gift this article