What is the length and cost of such procedures?

Intellectual Property (3rd edition)

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.

Norway Small Flag Norway

Civil court proceedings and PI proceedings on intellectual property rights often include counterclaims, such as revocation of a patent. In these cases, the civil court proceedings normally last for 10-15 months from the filing of the statement of claim to a decision being handed down in first instance. An appeal case normally lasts for 12-18 months from the filing of the appeal to having the appeal court’s decision. PI cases are usually heard within six months from filing the PI request.

The court fee for commencing proceedings is a fixed fee depending on the number of days the oral hearing lasts (if there is one) and the court instance. For a one-day case in the district court, the court fee is NOK 5750 in 2019. The fixed fee is different from cases of preliminary injunctions.

Other costs, including attorney’s fees and technical expert fees, may amount to MNOK 1 5 for each instance depending on the scope of the case.

Arbitration proceedings normally last for 6-12 months from filing the request to the tribunal’s decision being handed down. The cost of such procedures may amount to MNOK 1-5 in total.

Singapore Small Flag Singapore

The typical High Court infringement proceeding will take around two years to conclude.

Costs depend on complexity and generally range from SGD150,000 to SGD 500,000 (usually for complex patent cases). However, the successful party in litigation is usually able to recover a proportion – typically, 50-60% – of its legal costs from the other party.

Costs for proceedings before IPOS are significantly cheaper. A typical trade mark opposition will cost around SGD 20,000-30,000.

Mexico Small Flag Mexico

Inventions and Trademarks

Procedures

Length

Cost

Intellectual Property Office proceedings

 

From 8 to 12 months approximately.

Official fees: $ 95 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: $ 95 USD approximately.

Intellectual Property Office proceedings

From 8 to 12 months approximately.

Alternative Dispute Resolution

From 3 to 6 months approximately.

China Small Flag China

The length and cost of such procedures depend on the complexity of the case and the workload of the official department. For instance, the first instance judgement before the court is on average 6 months.

Ecuador Small Flag Ecuador

Before administrative entities, it takes from about three months to fifteen years.

Before judicial courts, it last from at least three months to two years if no appeals are filled. Appeals could delay the trial for about three more years.

Only administrative procedures cost. Common appeals and reviews cost US $ 272, while an appeal for reversal cost US $120.

South Africa Small Flag South Africa

It is not possible to estimate the costs of litigation with any accuracy as these are adversarial civil court matters and parties are entitled to present their best case, to appeal decisions from the court of first instance to a court with a full bench, and then to the Supreme Court of Appeal and finally event to the Constitutional Court. As such cases can take from perhaps 24 months to as long as 6 or 8 years, some have taken even longer. The costs in the Court of first instance may be ZAR 1 000 000 to ZAR 2 000 000 (or more in complex cases employing larger legal teams!). Thereafter the costs will depend on whether there are appeals and how many appeals.

Cyprus Small Flag Cyprus

The length and cost of any court proceedings cannot be determined in advance, as these would depend on the complexity of the case.

Costs would be adjudicated in accordance with the quantum of damages sought and the nature of the IP right at issue.

Given the backlog which is observed in Cyprus courts, it is not unusual for any court proceedings to be concluded within a 5-6 year period from the date of filing.

Japan Small Flag Japan

The average length of IP litigation before district courts in the first instance is 12.6 months (FY2017). This is the average of all IP cases, and patent cases tend to take longer compared to other IP cases.

The cost (the fees to be paid to the court) depends on the amount of the claims. For example, for a claim totaling JPY 100,000,000, the court fee for the first instance is JPY 320,000. This figure does not include attorneys’ fees.

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 from a few days to obtain an ex parte preliminary injunction up to a few weeks to obtain a regular preliminary injunction (if the counterparty is heard and can take position). It usually takes between 1 and 3 years to obtain an ordinary proceeding-judgement in cantonal proceedings (first instance). Under Swiss procedural law, only two instances are available for the conduct of civil intellectual property disputes (one cantonal instance and the Swiss Federal Supreme Court as an appeal instance). Appeal proceedings before the Federal Supreme Court take in general 6 months to 1 year, as there usually are no hearings.

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 (first instance). The amount also depends on the above-mentioned factors. The Court will usually request the claimant to deposit a security for the Court's costs and the counterparty's compensation claims if requested by the latter. 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 compensation covering part of the successful party's attorney's fees (as further specified in established court tariffs).

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

The filing costs for a simplified/expedited cancellation request to the IPI on the grounds of non-use as well as for a trademark opposition are currently CHF 800. Attorney's fees for such cancellation request or trademark opposition depend on the complexity of the case. In a relatively straightforward matter, they can be estimated between CHF 2,000 and CHF 3,000. The defendant in such proceedings might bear substantially higher internal costs since he will have to gather and provide substantial dated evidence on his prior use of the trademark in the cancellation request or if rights-preserving use is contested in a trademark opposition proceeding. These proceedings are fast but can easily be extended to 1 year or more if the parties request extensions of deadlines.

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.

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).

Israel Small Flag Israel

Civil court procedures may last from a few to several years; see (‎32) below regarding costs.

Police seizures may take place within 1-3 weeks from the filing date of the complaint, depending on the location of the site and the relevant IP police unit.

As to Customs detentions, most cases are finalized with an agreement (sometimes in without filing an action). In such cases the procedure may take 3-8 weeks. If court proceedings are conducted in full (which is very rare), proceedings can take up to a year and a half.

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.

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 2-3 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 ICPC, 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.

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.

India Small Flag India

The estimate time frame of such procedures varies from 3-5 years. The official cost would be approx. INR 12000-15000/- depending on the quantum of damages sought and court approached.

Peru Small Flag Peru

The costs for filing a law suit before the judicial court are relatively low in Peru regarding the official court fees; nevertheless, the professional fees will depend on each firm whereas it will usually include all expenses such as the official actions, additional writs and oral reports that must be presented in a first instance. This decision can be appealed into a second instance for the reviewing of a higher court formed by three judges.

Lastly, if the applicant believes that both resolutions do not meet with the correct application of the norms established to review the case presented, he or she can submit a cassation demand and only appeal eminently legal issues by describing with precision and clarity the norm that was infracted. This appeal is presented before a jury of five judges.

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 relatively expedited 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.

Saudi Arabia Small Flag Saudi Arabia

There is no court fee in Saudi Arabia. The length of Administrative proceedings in trademark cases is between 3-4 months. Court action may take upto 16 months.

Depending on complexity of case, the Saudi Patent Committee may take 2-3 years to decide a case.

Attorney fee may be in the range of USD 15000-25000.

Australia Small Flag Australia

Civil litigation in the Federal Court of Australia can be relatively costly and time consuming. The primary proceeding may take up to 12 – 18 months from the date of filing to be heard. The Federal Court aims to provide a judgment within three months. Any appeal may take a further three to six months to be heard.

A successful party is usually entitled to recover a proportion of their legal costs, usually in the range of 60% – 70% percent of actual costs.

United States Small Flag United States

For District Court proceedings, the length of patent litigation varies depending on the jurisdiction and complexity of the case.  On average, cases take over two years to reach trial after filing the complaint. On average, trademark, copyright, and trade secret cases generally take slightly less than two years from filing the complaint to reach trial. The average cost of bringing a civil claim in federal court varies depending on the complexity of the case and the overall value of the property.

Updated: September 12, 2019