Intellectual Property Enterprise Court—practical points on case management
Produced in partnership with Angela Fox of Maucher Jenkins
Intellectual Property Enterprise Court—practical points on case management

The following IP guidance note Produced in partnership with Angela Fox of Maucher Jenkins provides comprehensive and up to date legal information covering:

  • Intellectual Property Enterprise Court—practical points on case management
  • Introduction to the Intellectual Property Enterprise Court
  • IPEC procedures
  • Transfer of cases to and from the IPEC
  • Case management
  • Allocation questionnaires and directions questionnaires
  • Allocation of IP claims to the small claims track—CPR 63.27
  • Trials on quantum in the IPEC
  • Damages inquiries
  • Account of profits

Introduction to the Intellectual Property Enterprise Court

The Intellectual Property Enterprise Court ( IPEC ) is a specialist list of the Intellectual Property List (Chancery Division). 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. The IPEC is intended to provide access to justice in IP matters for small and medium-sized enterprises (SMEs) that might not otherwise be able to assert or defend an IP claim. It is also intended to provide a forum in which lower-value IP disputes can be litigated at proportionate costs.

A key plank in the IPEC’s structure is active judicial case management, which is carried out using a cost-benefit approach and which encourages the parties to identify at an early stage the issues and the steps they intend to take in the proceedings. As a result, trials in the IPEC typically take no longer than two days, and frequently can be heard in a day or half-day. The combination of active judicial case management and caps on recoverable costs (discussed in the Practice Note: Intellectual Property Enterprise Court—costs capping in practice) gives parties a strong incentive to deploy resources in a focused and proportionate way.

This Practice Note considers a number of developing practice points on case management in multi-track cases in the IPEC under the Civil Procedure Rules (CPR).