Where multiple parties are involved in UPC proceedings,
cost reimbursement might become complex. In this episode, our IP
Expert and attorney-at-law Dr. Jan Bösing explains what the
parties to such proceedings should bear in mind and gives you a
concrete tip.
At the UPC, the successful party can request reimbursement of
their actual costs from the unsuccessful party up to a ceiling that
depends on the value of the proceedings.
The UPC Regulations do not specify, however, how cost
reimbursement claims are determined and enforced if multiple
parties are involved on either side. In a scenario with multiple
defendants, this may result in the plaintiff claiming full cost
reimbursement from one defendant, and this defendant not being able
to at least partially recover the reimbursement paid by them from
the other defendants. Statutory law such as the German provisions
on settlement between joint and several debtors might not resolve
this, depending on the