January 27
2022
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Trajan Shipley
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12th November 2021
Data, Tech & IP Justice & Litigation

AG Campos Sánchez Bordona’s Opinions on legal fees in IP proceedings

Advocate General Campos Sánchez-Bordona delivered his Opinions in cases NovaText (C-531/20) and Koch Media (C-559/20), advising the Court to rule that Articles 3 and 14 of IP Rights Directive 2004/48 preclude national legislation imposing an obligation on the unsuccessful party to reimburse the costs incurred by the successful party for assistance by a patent attorney in judicial proceedings concerning trademark.

He also advised to rule that Article 14 covers the costs or fees incurred by a lawyer for the intervention of the holder of the IP rights, and that said provision is nonetheless compatible with national rules for the calculation of fees that limits the proceedings to 1,000 euros, where the infringement of the rights was c

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