IP Quick Tip: Chances And Pitfalls Of Third-party Interventions At The UPC (2025) (Video)

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In German national proceedings, third-party interveners have a rather comfortable role when it comes to costs. If they support the winning party, they can request reimbursement for their costs from the opposing party. If they support the losing party, they do not have to bear costs of the opposing party. In UPC proceedings, however, this is different. Let's take a closer look.

In order to intervene in UPC proceedings, a third party must file an application to intervene pursuant to Rule 313 of the Rules of Procedure. Once filed, this application to intervene triggers separate sub-proceedings about its admissibility, in which the main parties are given an opportunity to be heard. The Central Division Milan decided in the case of Insulet versus Menarini that the winning party in these sub-proceedings