A guide to the UPC and the UP - Flipbook - Page 274
the communication of information and the publication of decisions. 106 Where, in the decision on
the merits of a revocation action, the patent is found to be entirely or partially invalid, the Court
shall revoke the patent entirely or partially. 107
14-51 If requested, the Court may also order the payment of damages or compensation either by
specifying an amount to be paid in the order or specifying that the amount should be
determined in separate proceedings. 108 The Court may order an interim award of damages to
the successful party, subject to any conditions it may decide. Such an award shall at least cover
the expected costs of the procedure for the award of damages and compensation on the part
of the successful party. 109
14-52 The parties will already have submitted preliminary estimates of the legal costs they will
seek to recover to the Court following the orders made by the judge-rapporteur at the
interim conference. 110 The Court, when making its decision on the merits, will also decide
in principle on the obligation to bear legal costs. 111 As a general rule, the legal costs of the
successful party will, provided they are reasonable and proportionate and unless equity
requires otherwise, be borne by the unsuccessful party. 112
Formalities
14-53 All orders made by the Court consequential upon the decision (other than costs), including
any order giving immediate effect to an injunction, are appended to the decision. 113 As with
the decision, the order is recorded in the register. 114
14-54 The formal requirements for an order are set out in r.351(1) RoP and include the names of the
judge or judges making the order, the parties and their representatives, the date of the order’s
adoption and the name of any judge taking part in its adoption. It must also set out the
operative part of the order.
14-55 Where the Court grants leave to appeal an order, the order must also contain a statement
of the forms of order sought by the parties, a summary of the facts and the grounds for
the order. 115
Binding Effect of Decisions or Orders Subject to Security
14-56 Decisions and orders may be subject to the rendering of security by a party to the other for
legal costs and other expenses and compensation for any damage incurred or likely to be
incurred if the decisions or orders are enforced and subsequently revoked. 116 Security may be
given by way of deposit or bank guarantee or other method prescribed by the Court.
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108
109
110
111
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r.118(1) RoP referring to arts 63, 64, 67 and 80 UPCA respectively. See chapter 15 (Remedies) for further information.
r.118(3) RoP referring to art.65 UPCA.
r.118(1) referring to arts 32(1)(f) and 68 UPCA. See chapter 15 (Remedies) paragraphs 15-60 to 15-82.
rr.119 and 150(2) RoP.
r.104(j) RoP. If, for whatever reason, such an order was not made by the judge-rapporteur, the Court may make such an order
under r.118(5) RoP. If such an order was made, the Court may also order that it be reviewed and if necessary updated.
r.118(5) RoP. For further information on costs awards and the procedure see chapter 20 (Court Fees and Recoverable Costs).
art.69(1) UPCA.
r.350(2) RoP.
r.351(3) RoP.
r.351(2) RoP.
rr.118(8) and 352(1) RoP. See chapter 19 (Enforcement) paragraphs 19-46 to 19-64.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 264
