Rs 173.413.2 Regulation Of 28 September 2011 On Trial Costs Set By The Federal Court Of Patents (Fp - Tfb)

Original Language Title: RS 173.413.2 Règlement du 28 septembre 2011 concernant les frais de procès fixés par le Tribunal fédéral des brevets (FP-TFB)

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173.413.2 regulation on trial costs set by the federal Patent Court (FP - TFB) of September 28, 2011 (status April 1, 2013) federal court of patents, view the art. 20, al. 3, let. a, and 33 of the Act of March 20, 2009 on the federal court of patents (LTFB), stop the next regulation: Section 1 fee judiciary art. 1 judicial fee according to the value in dispute the legal fee is aligned with the following indicative amounts: at issue value in francs judicial fees in up to 50 000 francs 1000-12 000 50 000-100 000 8000-16 000 100 000-200 000 12 000-24 000 200 000 - 1 000 000 20 000-66 000 1 000 000-3 000 000 60 000-120 000 3 000 000-5 000 000 80 000-150 000 more than 5 000 000 100 000 - 150 000 was inside the margins indicated in para. 1, the fee is fixed according to the scale and difficulty of the cause, of the way the parties and their financial situation. It includes flat disbursements, except for the costs of translation and the allowances allocated to experts and witnesses.
It is possible to deviate from the amounts indicated in the al. 1 where special reasons to do so.

New content according to section I of the R of the TFB Dec. 12. 2012, in force since April 1, 2013 (RO 2013 675).

Art. 2 summary in summary proceedings, the fee may be reduced by half to the maximum.
The consignment of a preventive memory results in a fee of 1000 to 2000 francs.

Section 2 costs allocated to the parties art. 3 costs the costs allocated to the party who has won under art. 32 LTFB include: a. reimbursement of necessary expenses; (b) the compensation of the representative lawyer; c. in cases justified, compensation for compensation when the party is not represented by a professional representative.

Art. 4 compensation of the compensation of the representative lawyer lawyer representative is generally set according to the value in dispute. The amount is part of the margins set out in art. 5 and depends on the importance, difficulty and the magnitude of the cause as well as the time required to defence.

Art. 5 tariff at issue value in francs compensation of the representative lawyer, up to 50 000 francs 2000-16 000 50 000-100 000 10 000-24 000 100 000-200 000 16 000-32 000 200 000 - 1 000 000 24 000-70 000 1 000 000-3 000 000 40 000-110 000 3 000 000-5 000 000 70 000-150 000 more than 5 000 000 100 000 - 300 000 art. 6procedure summary in the case of summary proceedings, the compensation of the representative lawyer is usually reduced to 50-70%.

New content according to section I of the R of the TFB Dec. 12. 2012, in force since April 1, 2013 (RO 2013 675).

Art. 7 review and interpretation interpretation and revision procedures give rise to compensation of the representative lawyer usually between 2000 and 20 000 francs.

Art. 8Cas if the time required for the defence by a lawyer representative is clearly disproportionate to the value in dispute, it is possible to increase or decrease the amounts indicated in art. 5. new content according to section I of the R of the TFB Dec. 12. 2012, in force since April 1, 2013 (RO 2013 675).

Art. 9 representation by counsel in patent if the party is represented by a patent attorney in the sense of art. 29, al. 1, LTFB, the indemnity is calculated by analogy to art. 3, let. (b) if the patent attorney is only involved as a consultant, his compensation should be required in respect of reimbursement of the expenses necessary to the meaning of art. let 3. a. new content according to section I of the R of the TFB Dec. 12. 2012, in force since April 1, 2013 (RO 2013 675).

Art. 10 public defenders office art. 5 is applicable to the compensation of the public defenders.

Art. 11 calculation of costs the Court determines, on the basis of the record, a global amount for costs. The amount includes the value added tax.
The parties and the public defenders office may file a statement of fees and charges.

New content according to section I of the R of the TFB Dec. 12. 2012, in force since April 1, 2013 (RO 2013 675).

Section 3 compensation awarded to witnesses art. 12 principle witnesses right to compensation and the reimbursement required and attested by evidence.

Art. 13 compensation awarded to witnesses witnesses receive compensation: a. 50 to 150 francs when the time devoted to the trial, including the necessary duration of travel, does not exceed half a day; b. from 100 to 200 francs a day when the trial time exceeds a half day.

In the event of loss of earnings, witnesses receive compensation which is, generally speaking, between 25 and 150 francs per hour. If special circumstances warrant, the Court may decide to grant the witness compensation covering the actual shortfall. This is not taken into consideration if it is extraordinarily high.

Art. 14 compensation awarded to people who provide information the people to give information or other third parties affected by measures of the evidence are entitled to the same compensation as witnesses.

Section 4 allowance allocated to experts, interpreters and translators art. 15 compensation awarded to experts the tribunal compensate experts based on time spent on their mandate. Required fees are reimbursed in addition.
The applied tariff is function of the required knowledge and the difficulty of the mandate; experts who operate independently are usually compensated according to standard industry rates or convention.
The amount of compensation is fixed on the basis of the statement of fees and expenses addressed by the expert.
The allowances are increased VAT, provided that they are submitted.
Before a mandate of expertise, the tribunal may request a quote.

New content according to section I of the R of the TFB Dec. 12. 2012, in force since April 1, 2013 (RO 2013 675).

Art. 16 compensation awarded to the interpreters and translators in General, interpreters are compensated at the rate of 60 to 120 francs earlier. The applied tariff is depending on their training and their professional experience. Required fees are reimbursed in addition.
The parties are free to use at their own expense to an interpreter for debates, as long as the procedure is not hindered.
Translators are compensated according to the usual rates of the branch.
The allowances are increased VAT, provided that they are submitted.

New content according to section I of the R of the TFB Dec. 12. 2012, in force since April 1, 2013 (RO 2013 675).

Section 5 provision final art. 17 this Regulation comes into force on January 1, 2012.

RO 2011 6417 RS 173.41 State on April 1, 2013