12. Dezember 2013
The Intellectual Property Enterprise Court (IPEC) (previously called the Patents County Court) now sits as a specialist listing within the Chancery Division of the High Court. On 12 November 2013, a new judge was appointed, Richard Hacon.
As the December 2012 guide to the court explains, the court "aims to provide cheaper, speedier and more informal procedures to ensure that small and medium sized enterprises, and private individuals, are not deterred from innovation by the potential cost of litigation to safeguard their rights". More recently, the Minister for Intellectual Property, Lord Younger, is quoted as saying that the IPEC is "a viable place for businesses of any size to protect their IP and ensure access to justice at a fair cost for all rights holders and other businesses".
As an alternative to litigation in the English Patents Court, or in other jurisdictions, the following are some key characteristics of the IPEC:
It should be noted that the defendant in proceedings in the IPEC has the right to seek to apply to have the proceedings transferred to the Patents Court. In deciding whether or not it is appropriate to transfer, the court will consider a number of factors including the size of the parties, the complexity of the claim, the nature of the evidence, whether there is conflicting factual evidence and value of the claim. Expectations are therefore high that IPEC will in the months and years ahead continue to deliver SME's in particular with timely access to justice at affordable cost.
If you have any questions on this article or would like to propose a subject to be addressed by Synapse please contact us.
von Dr. Daniel Tietjen und Katharina Hölle
von Dr. Daniel Tietjen und Katharina Hölle
von Dr. Daniel Tietjen und Katharina Hölle