Rule 22 – Determination of value-based fee for the infringement action

1. The value of the infringement action shall be determined by the judge-rapporteur under Rule 370.6, taking into account the value as assessed by the parties, by way of an order during the interim procedure.

2. Where the value of the infringement action exceeds EUR 500.000, the claimant shall pay a valuebased fee for the infringement action, in accordance with Part 6. Rule 16.3 to .5 shall apply mutatis mutandis.

Case Law:

IPPT20240219, UPC CFI, LD Munich, Huawei v Netgear
Interim decisions following case management hearing (Rule 334(d) RoP, Rule 336 RoP, (Rule 105(5) RoP): Setting value of infringement action at € 1 million, of the three nullity counterclaims at € 1 million and of the proceedings at € 2 million.