LISBON LOCAL DIVISION Law and Practice Contributed by: Joana Piriquito Santos, Beatriz Lima and Sara Nazaré, NLP
appeal, or appeal to the Supreme Court of Jus - tice). In ordinary proceedings for disputes with a value up to EUR275,000 and for the appeals, the fees are similar. However, if the value of the claim is higher than EUR275,000, the amount in excess of that figure will be taxed at the end of the proceeding for each stage (which signifi - cantly increases the court fees). 5.3 Costs Awards In the context of an application for a costs deci - sion, the court ordered the reimbursement of the representatives’ travel costs only, to avoid a risk of double assessment of costs (vis-à-vis the main infringement/damages action brought in the meantime). In the Boehringer v Zentiva first-instance deci - sion, the Lisbon Local Division referred to the Scale of Ceilings for Recoverable Costs adopt - ed by the Administrative Committee on 24 April 2023 and ordered the applicants to pay the defendant EUR92,944.15 in interim costs. 5.4 Damages A damages claim is currently pending in the Lisbon Local Division of the UPC. However, no award has been delivered so far. 6. The Future of the UPC 6.1 Advantages and Disadvantages of the UPC The Lisbon Local Division of the UPC offers a valuable opportunity for litigants to benefit from a forum that combines highly qualified judges from multiple jurisdictions, as well as a pragmat - ic approach to case management. With a limited number of cases currently pending, proceedings can move swiftly.
Portugal’s judicial culture, characterised by openness to different legal approaches and a strong legal background, contributes posi - tively to the credibility of the forum. In addition, the location of the division may offer strategic advantages for companies operating across Europe that seek to litigate in a less congested ‒ but increasingly sophisticated ‒ jurisdiction. The multilingual flexibility of the Lisbon Local Division may be useful for companies that are seated in Portuguese-speaking countries, as proceedings may be conducted in English or Portuguese. One potential disadvantage is the still-limited visibility of the Lisbon Local Division among international users. However, as more cases are filed and its case law develops, this is expected to improve. 6.2 Future Trends During the next two years, one of the most sig - nificant trends is likely to be the consolidation of the UPC as a central forum for patent litigation in Europe ‒ not only for European rightsholders, but also for non-European companies seeking a unified and efficient venue for enforcing their rights across multiple jurisdictions. If the system continues to prove its quality in terms of judicial expertise, speed and predict - ability, it is likely that there will also be an expan - sion of patent enforcement strategies into less traditional sectors (eg, retail, services, and digi - tal platforms). This could lead to a broader and more strategic use of the patent system in indus - tries that have historically made limited use of IP rights in litigation, which could also lead to the strengthening and development of the interpre - tation of patent law.
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