Rule 74 – Value-based fee for the action for a declaration of non-infringement

1. The value of the action for a declaration of non-infringement shall be determined by the judgerapporteur 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 exceeds EUR 500.000 the claimant shall pay a value-based fee for the action for a declaration of non-infringement in accordance with Part 6. Rule 16.3 to .5 shall apply mutatis mutandis.