The UK Courts and Tribunals Judiciary recently announced changes to the way some cases filed in the Small Claims Track of the Intellectual Property Enterprise Court are to be handled. In this article, Forresters examine what these changes could mean for you, and how you may be able to make better use of the IPEC SCT.
What is the Small Claims Track?
Some IP disputes can be handled by the Small Claims Track (SCT) of the Intellectual Property Enterprise Court (IPEC.) This is an alternative to the usual court process; disputes where the amount sought is £10,000 can usually be handled by the SCT. Hearings are still presided over by a judge, but the process is generally less expensive and time consuming than larger IPEC claims.
The SCT is not suitable for claims relating to patents, registered designs (in both the UK and EU) and plant varieties; the SCT generally handles claims relating to copyright, UK and EU registered trade marks, passing off, and UK and EU unregistered design rights.
What is the Intellectual Property Enterprise Court?
The Intellectual Property Enterprise Court (IPEC) is a specialised court which handles cases related to intellectual property disputes. The court handles a range of cases relating to registered designs, patents, registered trade marks, copyright and other IP matters.
What has changed?
As of 3 July 2023, claims submitted to the SCT in London, or via the CE File system, are being automatically transferred to Manchester, where the case will be managed by District Judges in the Manchester Civil Justice Centre. Cases which go to trial will be heard in person in Manchester or via video link with the Manchester court.
Parties can apply to have their claim transferred from Manchester to any other court centre capable of hearing IPEC SCT cases. These centres are Birmingham, Bristol, Cardiff, Leeds, Liverpool, London, and Newcastle.
There is therefore no change to IPEC SCT claims filed in any centre outside of London, which will be case managed in the place of filing unless there is a need to transfer them elsewhere.
What is the CE File system?
This is an electronic filing and case management system used by IPEC. This allows users to file documents at court electronically, and pay court fees online.
What does this change mean for me?
This change presents a significant opportunity for legal professionals in the North West. Manchester is now, in effect, the default location for SCT cases, making it easier than ever before for clients to be represented in person at court hearings by firms with a North West presence.
Legal professionals who lack the expertise to represent clients directly at the SCT may look to specialist IP firms, such as Forresters, to provide their clients with specialist representation during court proceedings.
For individuals outside London, who use the CE File system to file cases, this change eliminates the need to travel to London, or interact with the London court, for case hearings. This is likely to be of particular interest for clients in the North West, as for the first time, cases will be managed locally by a court on their doorstep.
This marks a significant change to the way some cases are managed by the IPEC SCT. Forresters are committed to keeping our clients up to date on the latest procedural changes which may affect their business activities. We hope to see more changes like this that allow greater choice for claimants in the North West and beyond.
