Why “My Way”?

Frank Sinatra’s My Way captures something fundamental about intellectual property: the distinction between an idea and the individual expression of it.

Copyright does not give someone ownership of an idea itself, but it can protect the particular way that idea is expressed through music, literature, art and other creative works.

That principle of creating, building and expressing something your way sits at the heart of this blog. PAIL® Insights explores the legal issues that arise when creativity, technology and commerce meet — and the rights, relationships and decisions that determine who can control and benefit from what has been created.

Practical Legal Insight for a Digital World

PAIL® Insights brings together legal analysis, practical guidance and commentary across intellectual property, digital media, AI and technology, creators and talent, reputation, platforms and commercial law.

The articles are written for founders, businesses, creators and professionals who need to understand not only what the law says, but how legal developments affect ownership, commercialisation, contracts, risk and growth.

Every article is written, reviewed or edited by Peter Adediran, Founder Solicitor at PAIL® Solicitors.

Intellectual Property Enterprise Court

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 obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors. Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

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