AG Campos Sanchez-Bordona clarifies the "legal costs" to be borne by unsuccessful party in IP proceedings
AG Campos Sanchez-Bordona How should legal costs and other expenses borne by the successful party in relation to IP proceedings be reimbursed by the unsuccessful party? This morning Advocate General (AG) Campos Sanchez-Bordona addressed this very question by delivering his Opinion in United Video Properties, Inc v Telenet NV , C-57/15, a reference for a preliminary ruling from the Court of Appeal of Antwerp (Belgium) seeking clarification as to the correct interpretation of Article 14 of the Enforcement Directive . This provision states that: " Member States shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity does not allow this." As the AG noted at the outset, this reference may appear limited in scope. However it raises "delicate legal problems", notably the effect of EU legislation on...