Litigation arising from civil disputes can be costly. In the Netherlands, as a rule, the successful party is able to recover the costs from the losing party only up to a liquidated amount.... Show moreLitigation arising from civil disputes can be costly. In the Netherlands, as a rule, the successful party is able to recover the costs from the losing party only up to a liquidated amount. Higher costs would not be compatible with the fundamental right of access to justice. Since 2006/2007, the costs shifting rule of art.1019h of the Dutch Code of Civil Procedure has been applicable to intellectual property cases. On the basis of this article, costs may be shifted in full to the losing party. This article reflects the broad implementation of art.14 of the Enforcement Directive. The notion underlying this rule is that the prospect of a substantial recovery of costs ought in fact to broaden access to justice. The extensive, full costs orders have important consequences for parties in IP disputes. This book addresses the issues that have arisen in the context of the implementation, interpretation and application of cost shifting rules in IP disputes. Additionally this thesis addresses the broader issues of the increasing European influence on national procedural law, the consequences of the use of open norms in procedural rules and the link between costs shifting rules and the accessibility of the courts more generally. Show less
