The following IP practice note Produced in partnership with Angela Fox of Maucher Jenkins provides comprehensive and up to date legal information covering:
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
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
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