Casalonga UPC rules of procedure
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Rule 74Value-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 judge-rapporteur under Rule 370.6, [1] taking into account the value of the dispute 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 [2] shall apply Rule 370 - Court fees.
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[1-
6. The assessment of the value of the relevant action in paragraphs 3 and 5 shall reflect the objective interest pursued by the filing party at the time of filing the action. In deciding on the value, the Court may in particular take into account the guidelines laid down in a decision of the Administrative Committee for this purpose.

[2-
3. If the claimant has not complied with the requirements referred to in paragraph 2, the Registry shall as soon as practicable invite the claimant to:
(a) correct the deficiencies within 14 days of service of such notification; and
(b) where applicable, pay the fee for the infringement action within said 14 days.
4. The Registry shall at the same time inform the claimant that if the claimant fails to correct the deficiencies or pay the fee within the time stated, a decision by default may be given, in accordance with Rule 355.
5. If the claimant fails to correct the deficiencies or pay the fee, the Registry shall inform a judge of the division who may reject the action as inadmissible by a decision by default. The judge may give the claimant an opportunity to be heard beforehand.