IP Litigation Forums in England and Wales
Intellectual property disputes in England and Wales are heard in specialist courts within the Business and Property Courts. The correct forum depends on the complexity and value of the claim, and each has distinct procedural requirements for trial bundles.
The Patents Court hears complex patent infringement and validity disputes, often involving multi-week trials with extensive technical expert evidence. The Intellectual Property Enterprise Court (IPEC) provides a streamlined, costs-capped alternative for lower-value IP claims across all rights. The general Chancery Division handles complex trade mark, copyright, and confidential information cases.
IPEC: Streamlined IP Disputes
The Intellectual Property Enterprise Court offers a costs-capped regime with a damages cap of GBP 500,000 and costs cap of GBP 50,000 (GBP 25,000 per stage). It hears all categories of IP dispute including patents, trade marks, copyright, designs, and passing off.
- Damages cap: GBP 500,000 per claim
- Costs cap: GBP 50,000 total (GBP 25,000 per stage)
- Small Claims Track for claims up to GBP 10,000
- Limited disclosure (specific disclosure only)
- Single joint expert encouraged
- Trials typically 2-3 days
Patents Court: Complex Patent Disputes
The Patents Court within the Chancery Division handles high-value and technically complex patent litigation. Proceedings follow CPR Part 63 and Practice Direction 63, with specialist requirements including Product and Process Descriptions, experiments notices, and technical primers.
- Product and Process Descriptions (PPDs) required under PD63 para 6.1
- Experiments notice and protocol for experimental evidence
- Technical primers ordered where the court requires background
- Sequential expert reports standard practice
- Claim construction following Actavis v Eli Lilly [2017] UKSC 48
- Trials typically 1-2 weeks with live expert cross-examination
Trade Marks, Copyright, and Design Rights
Trade mark infringement claims under the Trade Marks Act 1994 require careful analysis of mark similarity, goods and services comparison, and likelihood of confusion. Copyright disputes under the CDPA 1988 involve questions of subsistence, ownership, and whether a substantial part has been copied. Design right claims engage both registered designs (Registered Designs Act 1949) and unregistered design right (CDPA 1988, Part III).
Each right type demands specific evidence in the trial bundle: mark comparison charts for trade marks, the copyright works and alleged copies for copyright, and informed user analysis for registered designs.

