European Union
IP Enforcement
- whether attorney's fees can be reimbursed and how such fees would be calculated;
If the plaintiff (seeking enforcement of his claim) is represented by an attorney, the cost also includes attorney's fees and expenses, as well as all expenses associated with court costs. Attorney's fees are based on an invoice prepared by the attorney for the entire legal representation. The amount of the attorney's fee may not exceed the maximum fees set out by the ordinance of the Minister of Justice. When the attorney does not provide a list of expenses, the amount is estimated within the limits set out in the ordinance, taking into account the complexity of the case. This rule is applied only in exceptional cases, because attorneys usually produce the invoice. The court may not reduce the amount on invoice if it is within the levels in the ordinance. Recently, because of amendments in legislation, the attorney's fee is freely agreed in a contract between the attorney and his client. In order to protect the losing party, a principle was introduced preventing the adjudicated compensation of the attorney's fee from exceeding the maximum levels set out in the ordinance of the Minister of Justice. these levels are determined according to the value of matter of proceeding (the claim). The court has to, upon demand from the parties, decide on costs of the proceedings and they constitute the sum of all the above expenses of the party