UK: IPEC provides a quick and simple option in litigation

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

UK: IPEC provides a quick and simple option in litigation

The Intellectual Property Enterprise Court (IPEC) has an objective to provide quick and cost-effective IP litigation. It has proved to be popular.

A requirement for cheaper and quicker IP litigation was identified back in the 1980s. Small and medium-sized companies and individuals often found that traditional High Court litigation was expensive and time-consuming. Many were not prepared to enter litigation and take the risk of being liable for the other party's costs if they were to lose.

Small and medium businesses are the core users of IPEC. It has become recognised for high-quality decisions, and larger companies are now also attracted to using it for certain cases. Such cases have a limited number of issues and will not require extensive discovery or evidence. However, IPEC has become a victim of its own success and its diary has become fairly full.

One main advantage of using IPEC is the £50,000 ($70,000) limit on the costs which a winning party can claim from the losing party. This does not stop either party, but it does mean that one with a limited budget can afford to try, without fearing exorbitant costs if they lose.

There is a cap on damages as well; IPEC can only award damages of up to £500,000 ($698,000). However, a damages award may not be the main aim of a litigant. In many IP disputes a successful outcome is a full injunction which prevents a competitor from selling a competing product or process.

It is very important to prepare an IPEC case thoroughly from the outset. IPEC does not look kindly on speculative cases; all the issues and arguments must be presented at the start. Each party needs to focus on a few key points. For example, only a limited number of patent claims will be considered for infringement or validity. There simply is not the time to consider each claim in a lengthy patent.

Trial is often only a day or two at most, providing very limited time for cross-examination and disclosure. It pays to be extremely well-prepared and succinct in arguments. It can be an extremely useful forum for settling reasonably straightforward cases quickly.

Chapman

Helga Chapman

Chapman IP

Kings Park House, 22 Kings Park Road

Southampton SO15 2AT

United Kingdom

Tel: +44 (0) 23 8000 2022  

info@chapmanip.com  

www.chapmanip.com

more from across site and SHARED ros bottom lb

More from across our site

Vice presidents Shinya Jitsuhiro and Hirohisa Suzuki discuss litigation trends in Japan, recruitment challenges and clients’ international expansion
IP boutique Petillion represented IKEA in the dispute, which concerned the use of the multinational’s trademarks in an immigration-focused campaign. The firm tells Managing IP how it secured the outcome
The Pizzeys-Griffith Hack integration was designed to create a stronger Australian IP platform but with several ex-Pizzeys principals now gone, the deal's success may depend on where clients place their trust
Thomas Lonsdale and Hsu Min Chung of HGF explore the practical impact of the EPO’s Enlarged Board of Appeal’s decision in G1/25 and its interplay with G1/24
The firm’s recent IP hire and launch of a new robotics industry group signal an effort to capture work emerging from AI entering the physical world
Another firm sets up shop in Dallas, bringing its patent disputes capabilities to one of the US’s busiest litigation venues
Entrepreneurial IP lawyers are still launching specialist firms, but increasingly with larger teams, broader coverage and greater infrastructure than the boutique model once implied
Jevon Louis explains how Covid led to a focus on local clients, discusses why mediation is successful in Singapore and reflects on the growing demand for AI advice
An increase in instructions from domestic companies and litigation for international clients are driving success for the Chinese IP firm, according to two lead partners
Ankur Sangal said he wants his team, nearly 30-strong already, to respond to a growing demand for specialist, commercially focused IP advice in a ‘rapidly evolving’ Indian market
Gift this article