An International Guide to
Patent Case Management for Judges

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9.9.14 Appeals

An order of IPEC (whether made following an application or trial) may be appealed. All appeals go to the Court of Appeal.198 No party has an absolute right to appeal; permission must be obtained. Permission to appeal may (and generally should) be sought from the judge who made the order. If the judge refuses to give permission, the party may instead seek permission from the Court of Appeal.

There is no automatic capping of costs in the Court of Appeal. An appellant who wishes to have the appeal costs capped should apply to the Court of Appeal as soon as is practicable. The Court of Appeal has the discretion to make an order limiting the costs that a successful party may recover from the unsuccessful party on appeal.199 The discretion will be exercised with regard to the means of both parties, all the circumstances of the case and the need to facilitate access to justice.