ARTICLE
4 October 2013

Patents County Court Restructures To Become The Intellectual Property Enterprise Court

DS
DMH Stallard

Contributor

DMH Stallard is an award winning South East law firm with offices in London, Brighton, Gatwick, Guilford, Hassocks and Horsham. DMH Stallard has grown rapidly since it was established in 1970, and continues to maintain its focus on building long term relationships with clients to help deliver their goals and objectives.

On the 1 October 2013 the previously known Patents County Court completed its restructure and will now be known as the Intellectual Property Enterprise Court.
United Kingdom Intellectual Property

On the 1 October 2013 the previously known Patents County Court (PCC) completed its restructure and will now be known as the Intellectual Property Enterprise Court (IPEC).

The principles behind the restructure is to make it clear that the court hears claims in connection with all sorts of intellectual property rights, including trade marks, patents, designs, copyright and passing off and not just patents as the old name suggested. 

In October 2010 the now old PCC was subject to radical reforms which resulted in resounding success.  The reforms included the PCC's costs cap structure, a maximum two day trial length and active case management that resulted in the number of claims issued in this court more than doubling over the past three years.

The key reforms enabled parties to bring claims who would normally be put off by the likely costs and time span involved in litigating in the High Court and has provided another valuable way for rights owners to protect their intellectual property rights. 

The IPEC will continue the good work of the PCC but its restructure has brought in a number of additional benefits. A summary of the key reforms include:
 

  • The court handles claims in connection with a whole range of intellectual property rights.
  • All cases issued are subject to a cost recovery cap of £50,000 for the winning party (for the liability stage of proceedings) and damages awarded will not exceed £500,000.
  • The court operates a small claims track for claims where damages will not exceed £10,000.
  • Trials are heard by specialist judges.
  • It is not a county court, but a specialist list of the Chancery Division of the High Court.
  • Active case management procedures, such as issued based disclosure and limitations on evidence, provide for a more streamlined and proportionate justice system with both applications and trials being dealt with on paper, without a hearing, and some cases being resolved in just a few months from start to finish.

DMH Stallard has worked with a number of clients guiding them through the old PCC and has a detailed understanding of the processes under the new restructured IPEC.

Sarah Cook, Associate in the firms dedicated IP Group commented,

"From our experience, the IPEC is far more beneficial to businesses looking into the option of litigating in this court because of the cap on adverse costs and because of the court's ability to hear claims more expeditiously."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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