, ,

Advocate General Campos Sánchez-Bordona delivered today its opinion in case C‑57/15, United Video Properties, Inc. v Telenet NV, which is about Directive 2004/48/EC of the European Parliament and of the Council  of 29 April 2004 on the enforcement of intellectual property rights.

Article 14 of this Directive states that “Member States shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity does not allow this”.

 The Advocate General suggests:

 “(1)     Article 14 of Directive 2004/48/EC […] does not preclude national legislation […] which sets a maximum limit for the recovery of the successful party’s lawyer’s fees from the party ordered to pay the costs, in all types of proceedings, including those relating to the protection of intellectual property rights. 

(2)     Article 14 of Directive 2004/48 precludes a requirement that fault must exist as a necessary condition for ordering the unsuccessful party to reimburse the reasonable, proportionate and equitable experts’ costs incurred by the successful party, provided that those costs are directly and immediately connected to the pursuit of proceedings for the protection of intellectual property rights”.

Source: see here