What is the length and cost of such procedures?
Costs will vary and will depend on the evidence and complexity of the case and the nature of the proceedings involved.
For civil court proceedings, intellectual property office proceedings, and arbitration proceedings, a successful party may recover its costs from the losing party, although the quantum of the costs recovered is at the discretion of the court/office/tribunal and often does not cover all the legal costs and disbursements incurred.
For civil proceedings, costs are estimated to few hundred euros.
- First instance proceedings on the merits before civil courts usually last between 18-24 months.
- Appeal proceedings on the merits last approximatively 24 months.
IPR owners can also opt for accelerated proceedings.
- First instance accelerated proceedings on the merits usually last 3-6 months.
- Appeal: accelerated proceedings on the merits usually last 6-8 months.
R: If the dispute takes place in the Court, it is impossible to predict its length, but it is really rare to find final decisions released in less than 2 years. Arbitration proceedings use to be decided faster usually in less than one year.
The estimate time frame of such procedures vary from 3-5 years.
The official cost would be in the region of USD 250-200 (approximately) depending on the quantum of damages sought and court approached.
The length and cost of such procedures may vary significantly depending on the type of right and complexity of the matter.
- Civil proceedings: By way of indication, a trade mark, design, copyright and/or unfair competition infringement matter, will typically take 12 - 14 months from the filing of a main infringement action until a first instance judgment is issued. Appeal proceedings will usually last slightly less.
A main action over patent infringement or a patent nullity action will typically take 16 - 20 months from the filing of a main infringement action until a first instance judgment is issued and may delay further if the court will need to appoint a technical expert.Appeal proceedings will usually last slightly less.
- Criminal proceedings: The length of criminal proceedings will vary depending on the court of venue and the gravity of the offense (misdemeanour or felony). Misdemeanour proceedings, which are the rule in IP infringement cases, will typically take 18 – 30 months, as from the filing of a criminal complaint or the ex officio initiation of criminal investigation, until a first instance judgment is issued. Appeal proceedings usually take 9 -20 months.
- Greek TM Office and administrative court proceedings: Greek TM Office proceedings will typically last 10 – 14 months until a decision is issued. First Instance administrative court proceedings currently last significantly long (over 4 years), due to the backlog of pending administrative cases. Appeal proceeding usually take 16 – 22 months.
Regarding civil court proceedings, the average length of the proceedings at district courts in 2016 regarding the intellectual property rights is 13.3 months. The filing cost for a civil lawsuit is specified by law, in accordance with the amount of a claim(s).
Inventions and Trademarks
Intellectual Property Office proceedings
From 8 to 12 months approximately.
Official fees: $ 150 USD approximately.
Alternative Dispute Resolutions
From 3 to 6 months approximately.
Civil Courts proceedings.
From 12 to 15 months approximately.
No official cost to consider.
Copyrights Office proceedings
Official fees: $ 150 USD approximately.
Intellectual Property Office proceedings
From 8 to 12 months approximately.
Alternative Dispute Resolution
From 3 to 6 months approximately.
Civil proceedings solely involving domestic parties should take 6 months from issuing the claim to handing down a first instance judgment. Extensions of up to 6 months may be granted upon approval by the president of the court. Further extensions require higher court approval. No time limits exist for trials involving foreign parties, which generally last 6 to 9 months depending on complexity. Costs vary, but first instance trials generally cost approximately £35,000 to £85,000 per right, per defendant.
Appeals must be filed to the immediate superior court and appeal decisions should conclude within three months of the date they are placed on the appeal court's trial docket. The president of the court may grant extensions in special circumstances. Parties have six months from the date of the second instance decision or the date the party becomes aware (or ought to have been aware) of the relevant facts to apply for a retrial at the Supreme People's Court.
Administrative departments carry out regular infringement investigations when requested to do so by an IPR holder. Administrative proceedings have no specific timeframe but are usually felt to be quicker than civil proceedings and, if the administrative department is proactive, can be completed within a month or so. Costs are approximately £15,000 to £30,000.
Domain name disputes submitted to the Online Dispute Resolution Centre are usually granted an award within 60 days. Costs depend on the number of arbitrators. If just one arbitrator is appointed, the party who filed the complaint bears the costs. If more than one is appointed, the costs are shared equally. Domain name disputes cost approximately £6,000 to £10,000.
The time it takes for a civil case to reach a trial depends on the complexity of the case, the conduct of the parties and the diary of the relevant court. In a Practice Statement in 2015, the Patents Court stated its intention to list all trials within 12 months of an action commencing; the Patents Court has since been making case management orders to facilitate compliance with this timetable. Where considered appropriate, the IPEC may will hear and determine a case in under six months from commencement.
Cases in the Patents Court or the wider Chancery Division which qualify for the "Shorter Trial Scheme" will be listed for trial within 8 months of the case management conference.
More generally, English intellectual property court proceedings tend to take approximately 12-15 months from commencement to reach first instance trial.
In all cases, judgment usually follows within 4-12 weeks of the trial.
Appeals in civil cases typically take around 8-12 months although in urgent cases they can be expedited.
Court fees in the UK are generally considered low by international standards. Issue fees are calculated according to the type of relief sought and the value of the claim. For example, a claim for damages incurs a fee that is graduated by value, from £35 for a value up to £300, to a maximum of £10,000 for values over £200,000; a claim for an injunction in the High Court (including IPEC) incurs a fee of £528 (in addition to any fee in respect of the claim for monetary relief).
In addition, parties may incur costs for the services of legal representatives. A civil claim for IP infringement in the UK courts may typically cost in the region of £50,000 to £600,000 in the IPEC. In the High Court, the costs are likely to be from £400,000 to several million in complex cases.
The successful party in civil litigation is able to recover a proportion of its legal costs from the other party. That proportion depends on a number of factors, but in the High Court, the successful party might typically recover around 60-75% of its legal costs from the unsuccessful party. As the recovery of legal costs in the IPEC is capped, the successful party may recover up to £50,000 for the liability stage (but often the awarded costs are less).
In respect of ADR, mediation can take as little as half a day or as long as several weeks, with costs varying according to the complexity, length of the process and choice of mediator. Expert determination is a little more involved than mediation and requires the parties to set out their case. However, properly confined and with an appropriate expert, expert determination could resolve a dispute in a fraction of the time and at a fraction of the cost of litigation. Arbitration is similar in structure to civil litigation, although the procedure may take longer and costs may accordingly be higher than in civil litigation (depending on the rules agreed by the parties).
Patents and Designs
An action for patent infringement typically takes between one and two years from institution to completion of the trial in first instance, depending on whether or not an amendment is applied for during proceedings. Costs will vary depending on the nature and complexity of the matter and whether a junior barrister, a senior barrister, or both, are instructed.
Plant Breeders’ Rights
An action for PBR infringement typically takes between one and two years from institution to completion of the trial. The costs will depend on the nature and complexity of the matter and whether a junior barrister a senior barrister, or both, are instructed.
Trade Marks and Copyright
The length of civil infringement proceedings can vary as it largely depends on the manner in which it is contested. An uncontested matter could be finalised within six months, but a highly contested matter could take years to be finalised.
The length of criminal proceedings also varies as it not only depends on whether it is contested, but it is also dependent on the duration of the investigation by the South African Police Services. The cost of both civil and criminal proceedings would be based on the hourly rate of the attorney and barristers involved in the litigation.
Customs: Registered marks can be recorded with customs in 5 of the 7 Emirates (Abu Dhabi, Dubai, Sharjah, Ras al Khaimah and Ajman). Official recordal fees are AED220 (USD 60) per registration per emirate; official complaint fees are AED 2,020 (USD 550) per complaint per emirate.
There are no provisions in the law for Customs or border control for patents (national and GCC), designs or utility certificates. Customs will take action if a Court Order is obtained by the rights holder.
Department of Economic Development (DED): registered trade mark owners or licensees may file complaint with the Department of Economic Development to request that it inspects the infringer's premises and any other relevant warehouses within its jurisdiction. This would be to seize the infringing goods. The DED can order the cancellation of trade licences or the temporary closure of the business, in addition to the payment of a fine. It is necessary to file complaints with the relevant DED in each emirate, as these are separate jurisdictions for enforcement purposes.
An administrative action with the DED may be used as a way to gather evidence of the infringement prior to a civil or criminal action.
On average the DED action will take upto 2 weeks for the raid, but it could then take some months before a final decision and destruction (if ordered).
Official complaint fees are AED 2,020 (USD 550) per complaint per emirate, with additional official fees of AED 2,500 (USD 680) per warehouse and AED 1,000 (USD 272) for the first three stores and AED 310 (USD 85) per each additional store to be raided.
There are no provisions in the law for DED enforcement action to be taken for patents (national and GCC), designs or utility certificates. In some complaints the DED have considered design rights, where these exist alongside registered trade mark rights.
Patent, design, trademark opposition with the Ministry of Economy
- Duration: 1-2 years for a first level decision from the Ministry for trade marks; at least 2 years for a patent / design opposition
- Official costs: AED 10,719 (USD 2,920) per trade mark application
- Official costs: AED 200 (USD 55) for patent, designs and utility certificates
Trade mark cancellation before IPO:
- Duration: around 1 year for a first level decision from the Ministry
- Official costs: AED 10,719 (USD 2,920) per registration
Patent, design, trade mark, copyright and/or neighbouring right infringement action
- Duration: 9-12 months for a first level decision once matter is transferred from the public prosecutor
- Minimum costs: from USD 20,000 (less expensive than a civil court action since the burden of proof is placed on prosecution)
CIVIL COURT ACTION
Patent, design, trade mark, cancellation action in court
- Duration: Average 9-12 months for a first instance decision (assuming that no expert is appointed)
- Minimum costs: from USD 30,000 (assuming that no expert is appointed)
Patent, design, trade mark, copyright, neighbouring right, infringement action or violation of know-how
- Duration: between 6 and 12 months for a first level decision (assuming that no expert is appointed)
Minimum costs: from USD 30,000 (assuming that no expert is appointed)
Administrative complaints filed with the Bureau of Legal Affairs (“BLA”) of the IPO are generally resolved within two (2) years from the filing of the complaint. The decision of the BLA Director is appealable to the Director General of the IPO. Generally, proceedings before the Director General of the IPO may be completed within two (2) years from filing of the appeal. As for the courts, the Rules of Procedure for Intellectual Property Cases was adopted for IP cases to expedite court proceedings and complete the same within two (2) to five (5) years from filing of the complaint.
The decisions of the Director General of the IPO and the court are both appealable to the Court of Appeals and, finally, to the Supreme Court. Appeals before the Court of Appeals are generally concluded within two (2) years from filing of the appeal. It may take another two (2) to three (3) years for the Supreme Court to resolve appeals brought before it.
As to costs, the basic fee for filing a complaint for violations of IP rights with the IPO is Nineteen Thousand Two Hundred Philippine Pesos (P19,200.00) [approximately Four Hundred Twenty Six and 67/100 United States Dollars (US$426.67)] plus an additional filing fee of 1/10 of 1% of the damages claimed in excess of Five Hundred Thousand Philippine Pesos (P500,000.00) [approximately Eleven Thousand One Hundred Eleven and 11/100 United States Dollars (US$11,111.11)]. Application for attachment/injunction has a corresponding fee of Three Thousand One Hundred Twenty Philippine Pesos (P3,120.00) [approximately Sixty Nine and 33/100 United States Dollars (US$69.33)].
For civil cases for infringement filed with the regular courts, the filing fees follow a stepped schedule and are estimated at two percent (2%) of the total amount of damages claimed.
The filing fees above are jurisdictional, meaning that the tribunal or court cannot hear the complaint without their payment.
No filing fees are required for criminal cases, but the same may only be filed in the court by the public prosecutor after an investigation initiated by the private aggrieved party.
The length and cost of these procedures can vary depending on a variety of factors. For example, the federal courts in the U.S. are divided into different geographical districts and each of these districts have different case load volumes that could affect the length of time needed to resolve a dispute. Further, intellectual property disputes vary in their complexity, which will affect the amount of resources consumed. Generally speaking, most intellectual property cases require more than eighteen months to resolve.
In regular court proceedings, the length and cost depends on the complexity of the proceedings, technical matter, service requirements to non-European defendants as well as on the court and workload.
Preliminary injunctions can in many cases be obtained within 24 to 48 hours following the filing, if the court grants the preliminary injunction without an oral hearing.
The lengths and costs vary depending on the particulars of the case. No general statement is possible. The costs for administrative proceedings are usually lower than for civil court proceedings. For opposition proceedings against patent and trademark registrations the opposition fee is CHF 800 for non-agricultural POA/PGI it is CHF 2'000. The fee for an opposition against the registration of a POA/PGI in the field of agriculture is CHF In addition to these fees, attorneys fees accrue but again they depend on the complexity of the case. In civil court proceedings the fees are subject to the court tariffs of the canton in question and depend on the actual amount in dispute. The duration of civil proceedings can vary from one year to several years and the longer a case takes, the more costs are incurred.
UDRP proceedings in domain name disputes usually only take a couple of months and the fees depend on both the number of domains involved in the dispute and the number of panellists chosen. For a dispute involving one domain handled by a single panellist the fees are USD 1'500, if handled by a panel of three, USD 4'000.
The approximate timeframe for the court proceeding (at the first instance) is approx. 10 months for the criminal and civil proceedings, 3-6 months for the administrative proceedings and proceeding based on breach of unfair competition laws.
The court fees for filing the civil lawsuit depend on the nature and amount of claims as well as jurisdiction (general jurisdiction court or commercial court). In case of monetary claims, the state fees amount to 1,5 percent from the claimed amount.
In addition to the court fees, the lawyers’ fees and agent’s fees (such as judicial examinations authorities’ fees, notary, translators’ fees and other agent’s fees) may apply.
In case of administrative or criminal proceedings and proceeding based on the ground of unfair competition legislation, there are no official fees for their initiating.
The criminal cases indicated in our response to question 16 above may be marked with some differences according to the court having jurisdiction over the court but it takes around 1-2 years to conclude any such procedures. Turkish law does not provide for any court fees for criminal procedures. If the defendant is not an ex-convict, the criminal courts generally order for deferment of the announcement of the verdict and this verdict cannot be appealed; an objection could be posed to a superior court upon which that court shall review the deferment of the announcement of the verdict. If the verdict is announced as a result of the litigation, it shall be possible to appeal the same before the court of appeal. Any appeal before courts of appeal shall take around 6 months while this duration shall be around 1.5-2 years if the appeal is brought before the Supreme Court of Appeal.
The duration of declaratory actions, actions for suspension and actions for damages related to the infringement of the trademark could vary according to the court but they usually take around 2-2.5 years. Appeals before senior courts shall take around 2 years. For declaratory actions and requests for suspension, it shall be essential to deposit a fixed charge. Although court fees change according to the process, the cost is usually around TRY 3,000 and TRY 3,500. Actions for damages shall be subject to payment of relative charges. Court fees, on the other hand, shall be around TRY 3,000.
Length and costs varies between the different rights and within specific rights depending on the complexity of the case. A straightforward trademark case can be decided within 12 months for less than SEK 200,000, whereas complex patent cases can take several years to decide and cost several million SEK.
Civil court proceedings:
The length of civil court proceedings would depend on the complexity of the case, the defendant’s procedural conduct and the workload of the competent court.
Nevertheless, in normal circumstances, the time frame for civil actions could be of around one year at first instance and around two years for an appeal judgement.
If the case is taken before the Supreme Court a decision on the acceptance to procedure of the appeal before the Supreme Court could take from one to two years. For those cases accepted to be heard by the Supreme Court a decision on the merits could take around two or three years.
Regarding the cost of proceedings, court fees would depend on the number of judicial actions taken and the value of the claim.
As per the cost of the preparation and follow up of civil court proceedings, again, costs would depend on the complexity of the case and the defendant’s procedural conduct. Lawyers´ and other professionals´ fees may vary significantly from case to case and, therefore, estimates should be given on a case to case basis.
The length of arbitration would depend on the complexity of the case, nevertheless, in normal circumstances, if there is no agreement of the parties to the contrary, the dispute must be decided by an award within six months after the date of submission of the response or expiration of the deadline to answer.