The Intellectual Property Enterprise Court — another busy year
The change of name to the Intellectual Property Enterprise Court makes sense. This court deals with intellectual property cases of all kinds, not simply patent cases, provided the value of the claim is not worth more than £500,000. By limiting the length of trial — often to just one day – and the amount of work done pre-trial, such as disclosure of documents and exchange of witness statements, costs of litigation in the court are considerably less than they would be in the High Court.
The cap of £50,000 on the amount of costs that the losing party can be ordered to pay to the winner also substantially reduces the risk in relation to costs, when compared with litigation in the High Court. Small and medium-sized enterprises (SMEs) in particular have been deterred by the costs of going to court to defend their intellectual property rights, so the reduced risk of exposure on costs in the court is a welcome shot in the arm for these businesses, who are no longer priced out of intellectual property litigation. However, the court is not the exclusive preserve of smaller businesses — multinationals too may find that there are cases in which it makes economic sense to bring proceedings in the Intellectual Property Enterprise Court rather than in the High Court.
Since October 2012, the court has operated a small-claims track for cases worth up to £10,000. This covers trademark, passing off, copyright and unregistered design right cases and uses an even simpler and more informal procedure. Generally, no costs will be awarded in small-claims cases…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The Infrastructure Act is intended to boost investment in development projects. The practical and commercial implications of the new measures are wideranging.
In Andrew Parissis v Blair Court (St John’s Wood) Management, the judge in the Upper Tribunal (Lands Chamber) provided some useful guidance.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.