Security for costs can only be requested by defendants (Article 69(4) UPCA, R. 158 RoP).
Article 69(4) UPCA contains deliberate language to restrict the possibility to request a security order to a defendant. R. 158 RoP cannot be interpreted as merely extending the Court’s powers beyond those explicitly provided in Article 69(4) UPCA.
A legal basis for the possibility for a claimant requesting an order that the defendant provide security for costs cannot be found in the Enforcement Directive.
The claimant in an infringement action also cannot request security for costs in the counterclaim for revocation action, as the counterclaim is intrinsically linked to the infringement action and defences can only be brought by way of a counterclaim for revocation.
