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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How to defend digital copyright claims (what claimants and defendants can learn)?

How to defend digital copyright claims (what claimants and defendants can learn)?

The author is a UK qualified and fully licensed current practicing solicitor specialising in intellectual property cases and digital technology. His book A Business Guide to Business Law and the Internet published in 2002 has a whole chapter dedicated to Internet related copyright

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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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Running Intellectual Property Litigation In England

This article sets out an overview of running an intellectual property dispute in England, it considers the initial matters that should be dealt with and forming a clear strategy from the outset as how to run the litigation.

Risks/Benefits analysis of litigating?
1. The first thing to consider is whether the proposed defendant has the financial means to pay legal costs and/or damages if your proposed litigation is successful.

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Damages for website product catalogues in IPEC cases

IPEC is a court forum designed to make it cheaper faster and simpler to dispense with intellectual property cases for SMEs’. The costs are capped at £50,000.00 and the value of cases are capped at £500,000.00 although this can be waived. Note also that the costs cap of £50,000.00 can be waived where there is a part 36 offer – PPL v Hagan [2016] EWHC 3076 (IPEC) (30 November 2016).

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Website Copyright Infringement – how to bring a case?

Website copyright infringement is one of our specialisations within the specialisation of copyright law. I’ll come back to what this first sentence means shortly.

This article is a brief discussion on the specialist area of website copyright infringement. To a non-practitioner the area of intellectual property law can be confusing. Different fields of intellectual property such as trademarks, copyright, patents, design rights, are specialist areas of practice. Additional specialisation is necessary in a particular field. Within copyright law specialisation in certain commercial fields is desirable to build up skills and practical knowledge in that specific field.

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Copyright in Logos

Copyright in logos was considered recently by the Intellectual Property Enterprise Court. Once again IPEC has contributed another very helpful decision to English law for businesses related to the Internet by way of another judgment from His Honour Judge Richard Hacon.

The case is Atelier Eighty Two Limited and Klinworx Climbing Centre CIC and 2 other defendants [2015] EWHC 2291 (IPEC).

The dispute was about ownership of copyright in logos but it affects all creative design and development work including website design and development.

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Intellectual Property Enterprise Court

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.

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