Increase in IPEC fees for Litigants

On 9 March 2015 increased fees for issuing proceedings were introduced by the Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015. This has resulted in would-be litigants now facing the prospect of paying:

5% on claims valued at £10,000+;or
£10,000 fixed fee for claims of £200,000+(unlimited amount).

The outcome is a 600%+ increase in fees in some instances compared to the previous maximum of £1,910 under the old rules. It is difficult to reconcile these fee increases with IPEC’s original aim of creating a level playing field for businesses of any size to protect their IP. Rather, these developments would seem to reflect IPEC increasingly becoming the forum of choice for large companies, with SMEs being priced-out. The changes may give rise to an increase in the number of Small Claims Track (‘SCT’) trade mark claims, although owners of registered designs (to which the SCT does not apply) appear to have little choice but to either take no action or pay the increased fees.

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