IPEC cases on the rise, draft report says
The number of cases handled by the UK’s Intellectual Property Enterprise Court (IPEC) is rising rapidly, according to draft figures seen by WIPR.
They show that 170 cases were filed in 2012, up from 152 the year before. In 2010, just 96 claims were submitted.
In 2013, 95 disputes were filed, but this total is likely to be revised upwards and surpass 2012’s total of 170.
The figures are to be used in a report published by the UK Intellectual Property Office (IPO) in August.
Formerly called the Patents County Court (PCC), the IPEC aims to resolve simpler and cheaper IP disputes, typically those involving small and medium-sized enterprises. It handles claims worth up to £500,000 ($840,000) and caps fines for losers at £50,000 (£84,000).
Richard Hacon, full-time judge at the IPEC, told WIPR it has become an “extremely busy” court.
The sharp rise of 56 cases between 2010 and 2011 was probably due to the change in the PCC’s rules in 2010, Hacon explained.
“I have mainly in mind the introduction of capped costs, capped damages and significantly greater case management, which encouraged litigants to expect a faster and less costly route to resolving their IP disputes,” he said.
“Also, there has been a great deal of interest overseas generated by the IPEC, which suggests a fairly widespread expectation that the procedures in the IPEC will be helpful to litigants.”
The PCC’s re-branding, in October 2013, is too recent to show whether there will be any change in the type of cases heard, he added.
“There was a spike in trademark and passing-off cases, but this happened in the PCC, probably just by chance,” Hacon said.
In 2007, the IPEC dealt with 28 cases, a figure that rose to 43 in 2008. In 2009, the total was 107.
The IPO is investigating the IPEC to assess how successful it (and the PCC) has been, and the extent to which any adjustments need to be made. Its final report is not ready yet.
