1. Key takeaways
Each party must bear its own legal costs until a final decision and cost order is made
Even if both parties are start-ups or SMEs, both parties have a limited cash-flow, are competitors of each other and the claimant has limited financial capacities, each party must bear its own legal costs until a final decision and cost order is made.
Only exceptional circumstances, such as an abuse of rights, would warrant a cautio.
Imposing a cautio would effectively prevent SMEs and start-ups from enforcing their patent rights through the UPC, whereas it could enforce its right in several national courts within the EU without a cautio (such as in The Netherlands). This does not appear to be in line with one of the stated objectives of the UPCA to facilitate the enforcement of patent rights by SMEs.
2. Division
LD The Hague
3. UPC number
UPC_CFI_239/2023
4. Type of proceedings
Main proceeding
No categories
5. Parties
Arkyne Technologies S.L. vs Plant-e Knowledge B.V. and Plant-e B.V.
6. Patent(s)
EP2137782
7. Body of legislation / Rules
Rule 158 RoP, Art. 69 UPCA
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