États-Unis d'Amérique
Moyens de faire respecter les DPI
5. Article 41.2 addresses, among other things, the cost of judicial and administrative enforcement proceedings. Please describe any fees charged by judicial or administrative officials for filing legal actions involving intellectual property or for pursuing such actions once initiated, cite the legal authorities for such fees, and provide copies of the documents used to inform the public of such fees.
The costs of proceedings in cases involving intellectual property are determined in the Act of 13 June 1967 on Court Fees in Civil Cases (Journal of Laws No 24, item 110 with further amendments). Article 31 of the cited Act stipulates that in cases involving non-property rights or in cases involving property rights the value of which cannot be determined upon instituting the legal action a temporary entry is specified. In its ruling ending the legal action in the first instance the court determines the amount of the final entry - in cases involving non-property rights, taking into consideration the property situation of the party burdened with costs, and in cases involving property rights - taking into consideration the value of the object of dispute of the case determined in the course of the proceedings. The same fee (entry) applies to appeal and cessation, thus to means of appeal in the course of the proceedings, whereas their amount is determined according to the value of the object of appeal. Moreover, the parties are obliged to cover, in the form of advance payment, the necessary amounts for experts' opinions if they apply for their execution. Besides, the parties pay insignificant fees to copies of legal documents issued to them, covering the costs of preparing the documents. Judicial procedure does not provide for any forms intended to inform parties of the amount of due court fees. Each time the amount of the fee is determined by the court and in its order to pay the fee determines its amount, date and form of payment.