Casalonga UPC rules of procedure
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Rule 377Conditions for granting legal aid

1. The applicant shall be entitled to apply for legal aid where:

(a) owing to his economic situation, he is wholly or partly unable to meet the costs referred to in Rule 376 [1]; and

(b) the action in respect of which the application for legal aid is made has a reasonable prospect of success, considering the applicant’s procedural position; and

(c) the claimant applying for legal aid is entitled to bring actions under Article 47 [2]of the Agreement.

2. The Administrative Committee may define thresholds above which legal aid applicants are deemed wholly or partly able to bear the costs of proceedings set out in Rule 376. These thresholds may not prevent applicants whose economic situation is above the thresholds from being granted legal aid if they prove that they are in fact un
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[1-
1. Subject to Article 71(3) of the Agreement, legal aid may cover, in whole or in part, the following costs:
(a) court fees;
(b) costs of legal assistance and representation regarding:
(i) pre-litigation advice with a view to reaching a settlement prior to commencing legal proceedings;
(ii) commencing and maintaining proceedings before the Court;
(iii) all costs relating to proceedings including the application for legal aid;
(iv) enforcement of decisions;
(c) other necessary costs related to the proceedings to be borne by a party, including costs of witnesses, experts, interpreters and translators and necessary travel, accommodation and subsistence costs of the applicant and his representative.
2. Subject to Article 71(3) of the Agreement, legal aid may also cover the costs awarded to the successful party, in the event that the applicant loses the action.

[2-
(1)The patent proprietor shall be entitled to bring actions before the Court.
(2)Unless the licensing agreement provides otherwise, the holder of an exclusive licence in respect of a patent shall be entitled to bring actions before the Court under the same circumstances as the patent proprietor, provided that the patent proprietor is given prior notice.
(3)The holder of a non-exclusive licence shall not be entitled to bring actions before the Court, unless the patent proprietor is given prior notice and in so far as expressly permitted by the
licence agreement.
(4)In actions brought by a licence holder, the patent proprietor shall be entitled to join the action before the Court.
(5)The validity of a patent cannot be contested in an action for infringement brought by the holder of a licence where the patent proprietor does not take part in the proceedings. The party in an action for infringement wanting to contest the validity of a patent shall have to bring actions against the patent proprietor.
(6)Any other natural or legal person, or any body entitled to bring actions in accordance with its procedure national law, who is concerned by a patent, may bring actions in accordance with the Rules of Procedure.
(7) Any natural or legal person, or any body entitled to bring actions in accordance with its national law and who is affected by a decision of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No 1257/2012 is entitled to bring actions under Article 32(1)(i).