By David Gibbins

European Union Directive 2004/48/EC (“the Directive”) sets out some European Union (“EU”) rules for the enforcement of intellectual property rights. Article 14 requires Member States to 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.”

In practice, substantially different costs regimes apply in different Member States…