Covid-19 procedural deadlines for intellectual property law in the UK

Court

England and Wales

The High Court and Court of Appeal are only covering urgent work. The UK’s HM Courts & Tribunals Service (“HMCTS”) clarifies that "urgent work" means applications and hearings only, with hearings to be held remotely. This applies to the Civil and Criminal Divisions of the Court of Appeal, the Queen's Bench and Family Divisions of the High Court, the Business & Property Courts and the Senior Courts Costs Office. However, the counters of the Business & Property Courts and the Senior Courts Costs Office remain open.  

HMCTS is avoiding physical hearings and arranging remote hearings wherever possible.  

The Royal Courts of Justice Fees Office will temporarily close until further notice. However, it provides a list of email addresses for correspondence with the relevant courts. 

Scotland

The Court of Session, Scotland’s Supreme Court has issued further guidance which is valid until at least May 10, 2020.  The Court is now attempting to deal with routine procedural business, largely by way of electronic documents and remote hearings when required. The Court will continue to prioritise urgent business. Urgent business is likely to include seeking certain interim orders, for example interim interdicts (the Scottish equivalent of a preliminary injunction). No automatic extension of deadlines.

IPO (IP Office)

All deadlines as of March 24, 2020 are automatically extended until 29 Jly 2020 (“interrupted days”). The first normal day of operation will be Thursday, 30 July 2020. 

As for Tribunals services, where the UKIPO has discretion to do so, any new deadlines set will be doubled, such as periods for filing evidence or submissions. Extensions of time to appeal trade mark decisions are possible.   

No hearings in person are being held until June 1, 2020 (this date will be kept under review).    

UK Company Names Tribunal: Existing claims will not be progressed. New complaints can still be lodged by email, but will not be processed. Any new deadlines will be extended.

Comments

The UKIPO reviewed the situation on 22 June  2020 and decided to end the period of interruption with effect of 29 July 2020.