What are the costs of enforcement proceedings and is any kind of costs recovery available for successful parties? Is there a procedural mechanism enabling or requiring security for costs?

Intellectual Property

Singapore Small Flag Singapore

The cost of enforcement proceedings will vary, depending on the nature and complexity of the case.

For civil court and arbitration proceedings, a successful party may recover its costs from the losing party, although the quantum of the costs recovered is at the discretion of the court/tribunal and often does not cover all the legal costs and disbursements incurred.

A defendant can invoke the court's jurisdiction under Order 23 of the Rules of Court for security of costs to be ordered, if the court finds it just to do so.

France Small Flag France

Costs attached to IP proceedings usually include the lawyers’ fees as well as the cost of the diligence of technical experts or design, patent or trademark attorneys and bailiffs.

Their amount can vary depending on the technicality of the case, the strategy elected and the arguments raised in defence.

Pursuant to French procedure rules, the Court may condemn the unsuccessful party to pay the adverse party’s legal costs.

Portugal Small Flag Portugal

R: The costs of enforcement proceedings are very variable. In general, Arbitration Courts are more expensive than the Public Courts.

In Portugal we have such mechanism of costs recovery available for successful parties.

There are no IP rules in what regards to security of costs. The general rule of civil procedure shall be followed and it determines that the court may decide on which party shall support said costs (usually, if the infringement is proven, the Court decides that the offender shall pay the costs).

India Small Flag India

The entire cost of enforcement proceedings will include the official costs, as well as the professional fees for representation. While costs are often granted by the adjudicating court, these are symbolic and minimal. The punitive damages in intellectual property matters are usually not commensurate with the actual damages suffered by the Plaintiffs. Courts may require the deposit of monies with them, as security, however, this practice is typically used for money decrees, and not for costs as are granted in successful intellectual property actions.

In India, the realm of intellectual property law is developing quickly. Laws are TRIPS compliant, and evolving fairly swiftly. The balance the rights of creators and consumers is an important concern, which needs to be constantly kept in mind.

The smooth and consistent functioning of the Intellectual Property Offices is a vital step in the right direction. Further steps to take include the mandatory recording of security interests in any intellectual property, as well as a more cohesive online system.

Greece Small Flag Greece

The costs of enforcement proceedings vary depending on the type and complexity of the case. However, as a rule of thumb, Greece is not among the "expensive" IP litigation jurisdictions in Europe.

Cost recovery is available and is employed by the courts. In practice, however, only a small fraction of the costs is awarded to the successful party, with the exception of costs award in cases where the dispute value is very significant and the case not a complex one.

The Greek Code of Civil Procedure includes provisions enabling security for costs, although this option is rarely employed by litigants and, more importantly, courts are not particularly amenable to such procedure and will, generally, grant such a request, only rarely.

Costs are not recovered in criminal and administrative proceedings. In the case of administrative proceedings, only official fees are recoverable.

Updated: June 12, 2017