Standard disclosure in intellectual property litigation—practical steps
Standard disclosure in intellectual property litigation—practical steps

The following IP guidance note provides comprehensive and up to date legal information covering:

  • Standard disclosure in intellectual property litigation—practical steps

This table sets out some key issues to consider prior to and during the disclosure process in an intellectual property (IP) case. For a more detailed commentary refer to: Disclosure—overview. Standard disclosure is one of several disclosure options in IP litigation. However, there is some weighted emphasis on standard disclosure because prior to the first case management conference in a case, the parties must file and serve a document N263, which sets out not only details of where relevant documents are and how many there are, but also an estimate of how much it would cost to carry out a standard disclosure exercise.

On 1 January 2019, CPR PD 51U brought into effect a new pilot scheme for disclosure which will apply for two years to existing and new proceedings in the Business and Property Courts. Unless otherwise ordered, it does not apply to proceedings in the IPEC and it will not affect disclosure orders made prior to it coming into force unless that order is varied or set aside.

CPR PD 51U, para 5.1 provides that there will be no automatic entitlement to search-based standard disclosure and ‘initial disclosure’, which is provided with the parties’ statements of case, will generally be the first disclosure stage. However, parties are able to seek ‘extended disclosure’ as an alternative or addition to initial disclosure. For