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Guidelines for determining the value of actions – Draft – February 26, 2016

The draft guidelines issued by the Preparatory Committee aims at helping the Court to determine the value based fees for certain actions before the UPC.

Main points :

  • - The draft gives guidance for establishing the value of the actions in various situations.This value will allow the determination of the Court fees as well as the ceilings provided for the recoverable costs corresponding to the professional fees of Representatives which have to be paid by the losing party.
  • - According to this draft, the basic principle of the valuation should be an appropriate license royalty fee for the future, up to the expiry of the patent (injunction claim) and for the past (damage claim).