The IP Federation has submitted a response to the public consultation on the Rules on Court fees and recoverable costs under the Unified Patent Court. Responses are to be sent electronically to the Secretariat before midnight on 31 July 2015.
We have included comments on the following matters:
- Opt-out fees
- Revocation action and DNI (declarations of non-infringement) fees
- Scales for value based fees
- Deciding upon value for the purpose of fee calculation and cost recovery
- The alternative R.370.6 proposals
- Cost recovery
- Method of payment of fees
The IP Federation is of the view that:
- the opt-out fee should be substantially reduced and/or justified.
- there is no requirement for either of the alternative versions of sub-rule 6 of Rule 370; and
- the fees and cost recovery rules are in need of refinement to prevent abuses and unintended consequence as explained above. In particular, if the model of fixed fee revocation actions is adopted, the fee must be strictly per patent or else batch revocation actions will be encouraged.
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