Section 106

Costs and expenses in proceedings before the Court

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106.-(1) In proceedings to which this section applies, the court, in determining whether to award costs or expenses to any party and what costs or expenses to award, shall have regard to all the relevant circumstances, including the financial position of the parties.

(1A) This section applies to proceedings before the court (including proceedings on an appeal to the court) which are -

  • (a) proceedings under section 40;
  • (b) proceedings for infringement;
  • (c) proceedings in respect of an actionable threat under section 70a; or
  • (d) proceedings on an application for a declaration or declarator under section 71.

(2) If in any such proceedings the Patents Court directs that any costs of one party shall be paid by another party, the court may settle the amount of the costs by fixing a lump sum or may direct that the costs shall be taxed on a scale specified by the court, being a scale of costs prescribed by the Rules of the Supreme Court or by the County Court Rules.

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Manual of Patent Practice

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