Intellectual Property Enterprise Court?
The Intellectual Property Enterprise Court (IPEC), is a special listing forming part of the High Court Chancery Division with procedures enabling small and medium sized businesses to have access to quick and efficient justice in patent, copyright or trademark matters.
What are the benefits
the Intellectual Property Enterprise Court has multi-track and small claims track procedures. The small claims track procedure is particular useful to eCommerce (Internet)businesses who trade multiple branded products online and are continually victims of infringement but are put off by the prospect of long, complicated and expensive litigation. Small claims are suitable for cases of a value around £10,000 and costs are severely restricted. Damages in the multi-track procedure are limited to £500,000 and there is a cap of £50,000 on costs.
Do you have to bring a case in IPEC
Please note that there is still a High Court Chancery Division that hears trademark and copyright cases. A copyright or trademark case does not have to be brought in IPEC. Bringing a copyright or trademark case in the High Court Chancery Division does not fall within the High Court Patents Court. The High Court Patents Court is for patent matters. The general Chancery Division still hears copyright and trademark cases that do not fall within the ambit of IPEC. Damages are therefore not restricted and there is no cap on costs. There are clear guidelines on page 966 of the White Book Volume 2 indicating whether a case is suitable for IPEC.
If you bring a case in the general Chancery Division that is more suitable for the Intellectual Property Enterprise Court the Defendant may make an application for the case to be transferred to IPEC. You can find more guidance about bringing a cased to the Intellectual Property Enterprise Court here IPEC .
To book a face to face consultation for legal advice about bringing a case in the Intellectual Property Enterprise Court, contact a specialist intellectual property litigator (charge rates may apply and may vary).