Part 36 Offer of Settlement in the Intellectual Property Enterprise Court (IPEC)?

Peter Adediran’s specialist niche area of practice is copyright, trademark and patent disputes and protection relating to digital media including websites and mobile applications PAIL Solicitors. Read more on PAIL’s Resource Library or keep up with the firm on Facebook.

1. Background

The Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual Property List (Chancery Division) which is meant for small and medium-sized enterprises (SMEs). The idea is to provide quick affordable access to justice for SMEs. The Intellectual Property List includes three sub-lists: Intellectual Property, Patents Court and the IPEC, and is part of the Business and Property Courts of the High Court. A Part 36 offer is the same whether used in intellectual property or any other type of commercial litigation except that there are different costs rules in IPEC. HM Courts & Tribunals Service provide a detailed guide for businesses, and legal practitioners online on how to take a case to IPEC.

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Suing non-UK domiciled company in online IP infringement cases?

Peter Adediran’s specialist niche area of practice is copyright, trademark and patent disputes and protection relating to digital media including websites and mobile applications PAIL Solicitors. Read more on PAIL’s Resource Library

For the purposes of this article we will use the infringement of copyright works in a website as the hypothetical case study, but we could use any type of digital works that are capable of copyright protection.

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Are directors personally liable for copyright infringement?

The author is a UK qualified and fully licensed current practicing solicitor specialising in intellectual property cases and digital technology. He is currently a Judicial Work Shadow Candidate for the Intellectual Property Tribunal

What is corporate veil?

The general legal rule for copyright infringement liability is that a company is a separate legal person from its directors. Generally, an act of the company is not necessarily an act of its directors personally. This is the case no matter how small the company is or how much the directors micro-manage the affairs of the company. As a separate legal entity, the private limited liability company is solely responsible for its liabilities and debts – the so called “corporate veil principle”.

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