Intellectual Property Enterprise Court


In the legal system of Courts of England and Wales, the Intellectual Property Enterprise Court in London is an alternative venue to the High Court for bringing legal actions involving intellectual property matters such as patents, registered designs, trade marks, unregistered design rights and copyright. Hearings are usually conducted in the Thomas More Building at the Royal Courts of Justice site in the Strand or at the Rolls Building, Fetter Lane

Original establishment

Originally established in 1990 by an order made under Section 287 of the Copyright, Designs and Patents Act 1988, the intention was that the PCC should be a forum where simpler cases could be dealt with under a cheaper and more streamlined procedure than the High Court. In practice, following the Woolf Reforms of 1998, the streamlined procedure is now available in all courts. One remaining difference was that cases at the PCC can be argued by solicitors or patent attorneys, rather than having to be presented by separate qualified barristers.

2010 revitalisation

In order to revitalise the court and provide some procedural distinction from the High Court, a new set of procedural rules were introduced in Autumn 2010, at the same time that His Honour Colin Birss was appointed as the judge of the PCC. These rules meant that much more detail was required in the particulars of claim, the procedure as a whole was streamlined further and financial limits were introduced to both the damages and the legal costs recoverable. Trials should last no more than two days. The revitalised court has been generally viewed as a success.

Move to the High Court

As of 1 October 2013, the PCC was reformulated as a specialist list of the High Court as the Intellectual Property Enterprise Court. Whilst the IPEC is now part of the High Court, Patent and Trade Mark attorneys retain their rights of audience and litigation.
Cases can be transferred from the IPEC list to be heard by the main High Court at the discretion of the IPEC; the High Court also routinely transfers cases from its list to the IPEC. As with the High Court, appeals from IPEC decisions are heard by the Court of Appeal.

Judges of the Intellectual Property Enterprise Court

Cases are heard by the judge or an appointed deputy judge. Since the founding of the court, there have been four judges: