Not so much epic, as IPEC - changes to the CPR for IP litigators

Not so much epic, as IPEC - changes to the CPR for IP litigators

The Civil Procedure Rules (CPR) are changing as of 1 October 2013.  How will the rule changes affect IP litigators? The answer is: not in epic fashion, apart from the long-awaited name change for the Patents County Court, to make its name more reflective of what it does. There will also be changes to how that court is constituted.

The Civil Procedure (Amendment No 7) Rules 2013 (SI 2013/1974) detail all of the impending changes to the CPR Parts, while the Practice Direction ‘Making Document’, which effects the changes to the PDs, can be seen here.

The headlines about changes relevant to IP litigators are:

  • The Patents County Court (PCC) will be no more: In this much anticipated change, the PCC will become the Intellectual Property Enterprise Court (IPEC). It will be constituted as a specialist court of the High Court (Chancery Division).This causes changes to Part 63 and PD 63, as well as changes to other provisions not specific to IP, such as Part 30 (on transfer). Other additions are made to Part 63, such as updating references to the CTM Regulation (207/2009) and adding Community plant variety rights to the list of IP rights covered by Part 63.
  • Costs capping: PD 45 (about fixed costs) is changing. The costs capping numbers which were used in the PCC for multi-track cases will change when the IPEC begins. The new caps will o

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