New Guide to the Intellectual Property Enterprise Court Small Claims Track

Manchester Civil Justice Centre, Home of  the Small Claims Track

Author Skip88 Public Domain  Source  Wikimedia Commons

 

Jane Lambert

Yesterday, HM Courts and Tribunal Service published a Guide to the Intellectual Property Enterprise Court Small Claims Track and a glossary of Common legal terms used in the Intellectual Property Enterprise Court.   It aims to help users and potential users of the Intellectual Property Enterprise Court ("IPEC") small claims track by giving practical tips.  Although it is primarily intended for litigants in person, intellectual property practitioners will also find it useful. 

The guide is divided into the following sections:

• Introduction
• About the IPEC and the Small Claims Track
• How to decide if a claim is suitable for the IPEC Small Claims Track
• What to expect in your dealings with the court   
• What to do before issuing a claim   
• The procedure for claims in the IPEC Small Claims Track    
• IPEC Small Claims Track location and contacts, and  
• Appendix – Example evidence (CLCC lists).

A feature that I like particularly is the hyperlinks to important resources.   For instance, the link to the glossary in the "Introduction", the links to the relevant provisions of CPR Part 63, the Part 63 Practice Direction and the IPEC and Patent Court Guides in "How to decide if a claim is suitable for the IPEC Small Claims Track" and the link to the Practice Direction - Pre-Action Conduct and Protocols in "What to do before issuing a claim",   Also useful are the email addresses of every centre where the IPEC small claim track sits and the names of the district judges who will try the cases and the guidance on the documents required to support a case.  

This jurisdiction should be taken seriously because the main remedy sought in many cases will be an injunction.  The order of a district judge after a 2-hour trial outside London has the same practical effect as the order of a judge of a Patent Court after a week's trial with leading counsel and juniors.  This tribunal is intended to assist small and medium enterprises that would otherwise have been deterred from enforcing their rights by the fear of eye-watering costs.   So if a photographer finds his work on someone else's website or if a competitor is ripping off another trader's business, he or she can do something about it in a court not far from home without risking ruin.

 Over the years, I have written a lot of articles on IP litigation in the small claims track.  Here are some that readers may find useful:

• Small IP Claims: a portal to all the articles and other materials that I had collected up to 17 June 2023;
• IPEC Small Claims to be Case Managed in Manchester 9 June 2023 NIPC Northwest
• Bringing or Defending a Small IP Claim in Leeds 8 Feb 2024  NIPC Yorkshire 
• IPEC Small Claims Track IP Litigation in Wales 13 July 2019 NIPC Cymru
• Small Claims Track IP Litigation in Bristol 24 Feb 2022 NIPC Hafren,

Anyone wishing to discuss this topic may call me on 020 7404 5252 during normal business hours or send me a message through my contact form at any time.