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Showing posts with the label Business and Property Courts

IPEC and the Shorter Trials Scheme Compared

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Manchester Civil Justice Centre Photo Michaelmazr   Licence CC BY-SA 4.0   S ource Wikimedia Commons   Jane Lambert Since the 1 Oct 2010, intellectual property claims of £500,000 or less that can be tried in no more than 2 days have been eligible to proceed in what was previously the Patents County Court and is now the Intellectual Property Enterprise Court ("IPEC)  (see New Patents County Court Rules   31 Oct 2010). The advantages of litigating in IPEC are that parties know from an early stage precisely when their trial will take place and judgment be delivered and their maximum liability for the other side's costs. The timetable is strictly enforced and the work that has to be done on case preparation is controlled. Shorter Trials Scheme Some of those advantages are now available for claims for more than £500,000 in the Business and Property Courts that have been issued on or after 1 Oct 2015 and can be tried in 4 days or less under a regime known as "the Shor...

The Business and Property Courts Practice Direction - IP Litigation outside London

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Manchester Civil Justice Centre Author Skip88 Licence  Copyright waived by the author Source  Wikipedia Jane Lambert According to TaylorWessing's Patent Map , England and Wales remains the most expensive country in Europe in which to contest a patent action. The European Patent Office reports that the UK lay 9th in the number of European patent applications that were filed in 2017 trailing not just the USA, Japan, China and Germany which are considerably bigger in population and GDP than the UK but France, South Korea, Switzerland and the Netherlands that are the same size or smaller (see  European patent filings per country of origin ). It seems likely that the UK's relatively lacklustre performance in the number of European patent applications is connected to the high cost of enforcement.  I have plenty of anecdotal evidence from my practice, patent clinics and inventors' clubs to support that contention. One of the reason...