In this short article, Sanjeet Plaha, IP litigation specialist
and member of our UPC team, runs through all you need to know about
security for costs.
She explains what it is, the Unified Patent Court's rules
and summarises some recent decisions from the Court on applications
for security for costs.
Security for costs is a question that comes up now and again
when I'm asked about litigation at the Unified Patent Court.
Using some recent decisions made by the Court as examples,
here's a brief guide to security for costs at the UPC.
What is security for costs?
A party to litigation can apply for security. This is where
there are reasonable prospects of success and there is a risk that
the other side will not be able to pay a cost award at the end of
the proceedings due to their financial position, or because it may
be difficult to enforce the cost award against them.
