Trademark Enforcement

Intellectual Property Enterprise Court (IPEC) can be a sensible way forward for small companies fighting IP (including trademark) disputes.

It’s all very well having rights in your trademark but if you had no real  effective remedies then these rights can represent little in the way of real value.

This is where the IPEC come in useful!So far it has developed as a far more suitable forum than the English High Court for individuals and small-to-medium enterprises, with the IPEC now handling roughly three times as many cases than in 2010. In intellectual property disputes often the most sought after remedy is an injunction to restrain the disputed acts (i.e. the selling/importing of a particular product protected with a registered trademark), and the IPEC has shown efficiency in dealing with such issues.

One of the most attractive elements to the IPEC is the limits on the costs that can be awarded against losing parties as well as the maximum limit of £500,000 in damages that can be awarded by the court.

This, the fact that all costs before the IPEC are assessed summarily and that the trials last no more than two days all promises faster justice for those who wish to enforce their rights. The limits are also there to assist parties in focussing on resolution rather than conflict. 

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Trademark