(1)In [F2proceedings to which this section applies] under section 40 above (whether on an application or on appeal to the court), the court, in determining whether to award costs or expenses to any party and what costs or expenses to award, shall have regard to all the relevant circumstances, including the financial position of the parties.
[F3(1A)This section applies to proceedings before the court (including proceedings on an appeal to the court) which are—
(a)proceedings under section 40;
(b)proceedings for infringement;
(c)proceedings [F4in respect of an actionable threat under section 70A] ; or
(d)proceedings on an application for a declaration or declarator under section 71.]
(2)If in any such proceedings the Patents Court directs that any costs of one party shall be paid by another party, the court may settle the amount of the costs by fixing a lump sum or may direct that the costs shall be taxed on a scale specified by the court, being a scale of costs prescribed by [F5rules of court] .
Textual Amendments
F1Words in s. 106 heading repealed (1.1.2005) by Patents Act 2004 (c. 16), s. 17(1), Sch. 3; S.I. 2004/3205, art. 2(g) (with art. 9)
F2Words in s. 106(1) substituted (1.1.2005) by Patents Act 2004 (c. 16), s. 14(2)(4), 17(1); S.I. 2004/3205, art. 2(e) (with art. 9)
F3S. 106(1A) inserted (1.1.2005) by Patents Act 2004 (c. 16), s. 14(3)(4), 17(1); S.I. 2004/3205, art. 2(e) (with art. 9)
F4Words in s. 106(1A)(c) substituted (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 1(7), 8; S.I. 2017/771, reg. 2(1)(a) (with reg. 3)
F5Words in s. 106(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 23(4); S.I. 2009/1604, art. 2(d)