1. Key takeaways
Failure to comply with the time limit for application for cost decision can only be remedied by re-establishment of rights
Where a cost ratio has been determined, both parties are required to lodge, within the time limit, an application for a decision on their respective costs, in accordance with Rule 151 of the Rules of Procedure.
Failure to comply with the time limit for an application for a cost decision pursuant to R. 151.1 of the Rules of Procedure can only be remedied by re-establishment of rights (R. 320 RoP) (UPC_CoA_618/2024).
Inadequate knowledge of the law is not sufficient grounds for re-establishment of rights.
In principle, due care within the meaning of Rule 320.1 of the Rules of Procedure includes knowledge of the legal system and the relevant decisions, in particular those of the Court of Appeal. A represented party must assume responsibility for any fault on the part of their UPC representative.
For that reason, inadequate knowledge of the law is generally not sufficient grounds for re-establishment of rights.
2. Division
Place division
3. UPC number
Place UPC number
4. Type of proceedings
Place type of proceedings
5. Parties
Place parties
6. Patent(s)
Place patent(s)
7. Jurisdictions
Place jurisdictions
8. Body of legislation / Rules
Rule 5 RoP, Art. 24(1) (c) UPCA
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]