What is the length and cost of such procedures?

Intellectual Property (2nd edition)

Russia Small Flag Russia

The usual duration of first-instance civil court proceedings is 3-6 months depending on the matter’s complexity. Certain delays may be caused by the court’s workload. This term may be also prolonged by procedural delays. Additionally, some court actions require a mandatory pre-trial dispute resolution period of at least 30 days before lodging the claim.

The amount of official fees prescribed for filing of a court action depends on a particular matter and the monetary amount if that is being claimed. In any event, the fee does not exceed 200 000 RUB. Trial costs also include remuneration to experts, witnesses, translators, etc. as well as attorney’s fees.

The term of consideration of an unfair competition claim should not exceed 9 months. Official fees are not required for filing a claim.

China Small Flag China

a) Civil proceedings solely involving domestic parties should take 6 months from the court docketing/accepting the case to handing out 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. The timeline may be longer if additional situations/proceedings are incurred by any interested party or there is a backlog at the court.

Appeals must be filed to the immediate superior court and appeal decisions should conclude within 3 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.

A party may apply for a retrial within six months after the date on which the judgment or ruling becomes legally effective or the date the party becomes aware (or ought to have been aware) of the relevant facts to apply for a retrial at the immediate superior court or the court which made the effective judgment or ruling.

Costs vary, normally they include a case filing fee charged by the court, official fees charged by the public notary and other organizations for possible evidence collection work, service fees charged by the attorneys, translation fees (for foreign parties) and other disbursements (such as travel expenses).

b) 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 also vary depending on the complexity of the specific cases and the actual time spent by the attorneys.

c) 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 cost. If more than one is appointed, the costs are shared equally. The official fee for one domain name dispute handled by one arbitrator is 8000RMB. The service fee is charged on an actual time spent basis.

France Small Flag France

For civil proceedings, costs are estimated to few hundred euros.

First instance proceedings on the merits before civil courts usually last between eighteen- twenty-four months. Appeal proceedings on the merits last approximatively twenty-four months.

IPR owners can also opt for accelerated proceedings: First instance accelerated proceedings on the merits usually last three-six months. whereas appeal accelerated proceedings on the merits usually last six - eight months.

Switzerland Small Flag Switzerland

The length depends on many factors including the complexity of the dispute, the number and length of submissions and evidences filed by the parties, the number of hearings held by the Court and the workload of the Court. It usually takes between 1 and 3 years to obtain a judgement in cantonal proceedings (one instance). As there are no hearings, appeal proceedings before the Federal Supreme Court take in general 6 months to 1 year.

The costs of infringement proceedings (including Court fees and attorneys' fees) in cantonal proceedings (one instance) vary significantly but can be roughly estimated between CHF 30,000 and CHF 100,000. The amount also depends on the above-mentioned factors. The Court will usually request the claimant to pay an advance of costs. The amount of Court fees depends on the value in dispute. The losing party bears the Court fees and usually has to pay a financial indemnity covering part of the successful party's attorney's fees.

The costs of appeal proceedings before the Federal Supreme Court are usually lower that in cantonal proceedings.

The filing costs for a cancellation request on the grounds of non-use are CHF 800. Attorney's fees depend on the complexity of the case. In a relatively straightforward matter, they can be estimated between CHF 2,000 and CHF 3,000. These proceedings are fast but can easily be extended to 1 year or more if the parties request extensions of deadlines (each party can ask for up to 2 extensions of 2 months without the obligation to motivate such request).

Poland Small Flag Poland

The length of civil proceedings may vary from case to case. In Warsaw, a typical civil case concerning IP infringement takes approximately three years from filing a statement of claim to the first instance judgment, and another term between one and two years for appellate proceedings. More complicated cases, especially those which require preparing expert opinions, can take longer.

The costs of civil proceedings consist of court fees and legal representation costs. The court fee for filing a statement of claim is usually 5% of the value of the case. Legal representation costs are agreed between the party and its attorney; they can vary greatly.

The winning party is entitled to recover the court fees incurred and a portion of legal representation costs from the losing party. The latter are awarded using statutory rates based on the value of the case, and usually only cover a small fraction of the actual costs. The courts are reluctant to award legal representation costs at higher rates.

Italy Small Flag Italy

As for the length of such procedures, there is no timeframe fixed by statutory provisions, but ordinarily the first instance proceedings may last for 1-3 years, while the appeal proceedings on the merits last about 2 years.

The cost of such procedures may vary. Typically the costs are mainly related to the administrative filing fee, which is twice the normal administrative filing fee established for proceedings before the Tribunal, to the collection of evidence (such as, for example, the opinion of the technical expert) during the proceedings and to the lawyer's fees. With reference to the lawyer's fees, lawyers and their clients may agree in writing different legal fees. The most common legal fee structures are: hourly rates, estimated fees with a cap and flat fees. If no agreement has been reached, Italian law provides for a mandatory fixed tariff system, which sets out the amount of fees due by the client for every stage of the proceedings. Moreover, according to Article 91 of the Italian Code of Civil Procedure, the judge in the sentence condemns the losing party to reimburse the legal fees of the prevailing party. In the case that the judge held only in part or rejected reciprocal claims, the fees could be declared reciprocal compensated.

Cyprus Small Flag Cyprus

For civil court proceedings the estimate timeframe is approximately five years. The official cost depends on the quantum of damages sought and the intellectual property right in issue.

A notice of opposition to trade mark registration can be filed with the Registrar within two months form the publication of the application. This term is extendable. Then the applicant has two months to file a counter-statement, the parties may file evidence and a hearing will be held. The official fees of filing an opposition in trade mark registration proceedings are forty Euros.

In regards to custom procedures, when the owner of the intellectual property right applies to customs authorities, to customs authorities shall reply within one month from the date the application is filed.

Israel Small Flag Israel

The length and costs of IP litigation in Israel, as with any other litigation, will vary from case to case, depending on the complexity of the issues, the need for outside experts, the number of motions and appeals, the number of parties involved, etc.

Patents:
Where the cases are simple, the length of IP proceedings will be between 2-4 years and the cost between $100,000-$200,000. Yet in complicated cases, especially in Patent Litigation the procedure may take longer than 5 years and with costs exceeding $250,000.

Designs, Copyrights and Trademarks:
For simple cases, the length of proceedings may be between 6 months to 3 years and with costs between $50,000-$100,000. In complicated cases, the procedure may take longer than 4 years and cost more than $150,000.

Chile Small Flag Chile

A civil lawsuit for infringement of copyrights or industrial property lasts approximately 1 to 2 years, which can increase up to 2 or 3 years in case of an appeal and / or annulment.

The filing of actions before the judiciary is free of costs. However, the fees of the judicial receivers in charge of making the notifications and of the experts appointed in the procedure must be paid, when required (in case an expert analysis is requested). In addition, given that the action must be filed by a lawyer, their fees are the main cost associated with filing a claim of this type, which varies depending on the professional concerned.

Greece Small Flag Greece

  • Proceedings before the Greek Trademark Office and the Administrative Courts: Adversarial proceedings before the Greek Trademark Office usually last 9-12 months until the issuance of a decision. Proceedings before the Administrative Courts of First Instance now last 4-5 years. Proceedings before the Court of Appeal last significantly less (12-14 months).
  • Civil proceedings until the issuance of a first instance decision will take on average 10-14 months: Appeal proceedings usually last 8-10 months.
  • Criminal proceedings: The length of criminal proceedings will depend on the type/gravity of the offence and the competent court. Misdemeanour proceedings will usually take 20-30 months. Appeal proceedings usually last 10 -20 months. Felony cases last significantly more.

The costs of such proceedings depend on the circumstances and complexity of the case.

United Kingdom Small Flag United Kingdom

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 court may hear and determine a case in less than 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. 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).

Pakistan Small Flag Pakistan

There is no prescribed time but it usually takes about five to six years for a decision. The court fee is PKR 15,000.

Ecuador Small Flag Ecuador

Before administrative entities from about three months to fifteen years, and on judicial courts from at least three months to two years if no appeals are filled. Appeals could delay the trial for about three more years.

United States Small Flag United States

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.

Malaysia Small Flag Malaysia

Civil proceedings may take between 9 – 12 months. The costs of full trial may range from RM80,000 to RM500,000 depending on subject matter and complexity.

Philippines Small Flag Philippines

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.

Japan Small Flag Japan

The average length of a formal lawsuit at the district court level regarding intellectual property rights was 13.3 months in 2016. The filing cost for a civil lawsuit is calculated based on the amount of the claim.

UAE Small Flag UAE

Administrative actions

  • 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 up to 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, 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. Additional fees will apply if the complaint covers more than one emirate, and each emirate will require a separate complaint.

    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 10,003 (USD 2,720) 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 10,003 (USD 2,720) per registration

Criminal action

  • 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)

Mexico Small Flag Mexico

Inventions and Trademarks

Procedures

Length

Cost

Intellectual Property Office proceedings

 

From 8 to 12 months approximately.

Official fees: $ 150 USD approximately.

Alternative Dispute Resolutions

From 3 to 6 months approximately.

Copyrights

Procedures

Length

Cost

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.

India Small Flag India

The estimate time frame of such procedures varies 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.

Sweden Small Flag Sweden

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.

Latvia Small Flag Latvia

Patents: Civil court proceedings for the first instance take about one-two years and the costs of such proceedings depend on the circumstances and complexity of the case.

Trade marks:

  • Civil court proceedings – the lengths is 1 year per one instance. Official fee is 230 EUR, the costs of the whole proceedings depend on the circumstances and complexity of the case, namely, on the other party's reaction and actions performed.
  • Board of Appeal proceedings - usually, the opposition procedure takes 12 months to be accomplished. Official fee is 180 EUR, the total costs of such proceedings depend on the circumstances and complexity of the case, namely, on the other party's reaction and actions performed.Customs proceedings – usually takes up to 6 months from the time the goods are detained till they are destructed, if no appeal has been filed.

Vietnam Small Flag Vietnam

Typical costs for dealing with a claim of infringement before a court including court’s fee and cost lawyers’ fee and other costs such translation and notarization may be $10,000-20,000 or more depending on the degree of difficulty and the reputation of the appointed firm. In case of dealing with the infringement by administrative measure which may take about 1-2 months, no official cost is required and in this case cost lawyers’ fee and other costs can be between about $5,000 and below $10,000. According to the 2015 Civil Procedure Code, the time limit for a court to hear and decide a lawsuit is 2 months counting from the date of acceptance of the case. However, since this provision does not stipulate the time limit applicable for lawsuit having foreign element, thus the time limit for this type of lawsuit is indefinite. Please bear in mind that in practice, it may take 6 months to 12 months to receive a first instance judgement.

Germany Small Flag Germany

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.

Malta Small Flag Malta

Length of proceedings vary according to what has been filed. Precautionary warrants are, of their very nature, dealt with by the courts quickly and efficiently. Most warrants are granted within 24 hours, and depending on when the application is filed, some are also granted in the matter of mere hours. If the warrants are attacked by the respondent, such proceedings are also dealt with swiftly, with the courts usually wrapping up the matter within a couple of weeks.

Court action based on Customs proceedings are also a fairly quick process, with applicants usually receiving court judgement within four to six months.

Cases on the merits, naturally, are longer in nature, and the length they take will usually depend on the number of witnesses each side produces and on any preliminary pleas that may need to be heard and decided upon at the beginning of the case.

With regard to costs, when it comes to court fees and expenses associated with filing any court an action, these are set by law as per a “Court tariff”. The Court tariff will cover court registration fees, fees for related services (e.g. service of documents), fees set for the filing of documents, and advocates’ and legal procurators’ fees (which are separate to lawyers’ professional fees). Court fees and expenses as per the Court tariff are recoverable in the case of a favourable outcome which awards them in the applicant’s favour (or on a 50-50 basis, depending on the Court’s evaluation), whereas professional fees are not recoverable from the losing side.

Brazil Small Flag Brazil

In regular court proceedings, the length and cost vary according to the complexity of the cases and the IP right in dispute. As an example, disputes involving patents in court can take between 4 and 6 years, due to its complexity, whereas Trademark dispute resolutions usually take between 3 and 5 years to be settled.

Length and cost of proceedings before the BPTO also vary, despite being cheaper than court procedures. Considering the backlog of patent and trademark, the average of duration of both procedures can take up to 6 and 3 years respectively to be solved at the BPTO.

Alternative dispute resolutions are usually less time-consuming, although depending on the method that is chosen, might be even more expensive than court procedures due to the possibility of choosing an arbitrator with a technical background and expertise, for instance.

Norway Small Flag Norway

If the case is brought before the ordinary courts, the Dispute Act states that a case shall be heard within six months of the submission of the writ, but this is not necessarily adhered to in reality. For a case brought before the ordinary courts, an average time in the first instance is somewhere around 6-8 months.

Large complex cases with a lot of procedural issues may however take much longer.

Costs for bringing an infringement action to conclusion in the first instance will depend on the complexity of the case – i.e., the length of the case, the need to bring in expert opinions, etc.

Typically, a case concerning an intellectual property right can for example be heard in one to three court days and would accrue costs of approximately NOK 300' to 1 MNOK, ex. VAT, whereas in more complex cases dealing with both infringement and validity disputes the costs will typically be in the region 2 MNOK to 5 MNOK, ex. VAT.

Updated: September 19, 2018