Casalonga UPC rules of procedure
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Rule 77Action for declaration of non-infringement and action for revocation

An action for declaration of non-infringement may be lodged together with an action for revocation of the patent in question. Fees shall be paid in accordance with both Rules 46 [1] and Rules 70 [2] and 74 [3].
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[1-
The claimant shall pay the fee for the revocation action in accordance with Part 6. Rule 15.2 shall apply mutatis mutandis.
 

[2-
The claimant shall pay the fixed fee and, where applicable, the value based fee for the action for a declaration of non-infringement, in accordance with Part 6. Rule 15.2 and Rule 16.3 to .5 shall apply -.

[3-
1. The value of the action for a declaration of non-infringement 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 exceeds EUR500.000 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 -.