UK: Simplified Procedures Key to Soaring IPEC Claims

The number of claims brought at the UK’s specialist IP court have increased by nearly 70%, a sign that its simplified trial procedures are working, lawyers have said.

According to a freedom of information request by law firm Hugh James, claims brought by small and-medium-sized enterprises at the Intellectual Property Enterprise Court increased by 68% in 2016 compared to 2015.

Throughout last year there were 339 claims brought at the London-based court, compared to 202 in 2015.

The court, which was called the Patents County Court until 2013, is an attractive venue for SMEs following changes to the rules in 2010.

As it stands, damages and costs are capped at £50,000 and disputes are heard by the same judge, currently Richard Hacon. Trials usually last no more than two days.

Jo Joyce, senior associate in the IP and media team at Taylor Wessing, said the figures are unsurprising when you take into account how effective the court has been at cutting out many of the “frustrating aspects” of litigation.

“The active case management by a single judge prevents unnecessary delays and procedural hold ups,” she said.

She added that the fact some aspects of the IPEC process—including time-restricted trials and simplified costs procedures—have been adopted in the High Court Shorter Trials Scheme, is an indication of a “real appetite for more efficient and affordable litigation procedures."

The scheme, introduced in 2015, allows for flexible case management, provided both sides agree. Under the scheme, cases are dealt with by the same judge and the maximum length of trial is four days

Tracey Singlehurst-Ward, partner at Hugh James’s dispute resolution group, and who helped obtain the information, said cases finding their way to the IPEC were “growing at an impressive rate”.

“This is largely due to the increasing awareness of the value of IP in the technology sectors, the online presence of SMEs and the growing financial incentives to protect IP,” she said.

Singlehurst-Ward added: “The IPEC is especially designed to help SMEs take the action they need to protect their IP. 

“The rise in claims being heard is a reflection of SMEs becoming better at spotting—and quicker to react to—instances where their IP has come under threat.”