In more detail

A summary of the key features of the Expedited Track is set out below:

• The Expedited Track imposes shorter deadlines compared to standard cases.
• There are also shorter limits on the length of evidence and written submissions.
• Parties to proceedings filed on or after 2 January 2025 can apply for the Expedited Track. Both parties must agree to proceedings being placed on the Expedited Track; if only one party opts in, the proceedings will not be placed on the Expedited Track.
• Failure to meet the shorter deadlines may result in the proceedings reverting to the standard track, with potential cost implications for the defaulting party.
• Interested parties have several opportunities to request for the Expedited Track. They may make their request for the Expedited Track in its cover letter to the initiating form for commencing proceedings (e.g., when filing their Notice of Opposition or Application for Revocation/Invalidation/Rectification).
  If not, they may make their request when they complete and return the Notification to Registrar form after the close of pleadings.
  Otherwise, they may do so at the case management conference if one is conducted before the evidential deadlines are issued.
• By default, the case will be decided on the papers, without an oral hearing. Parties may, however, mutually agree to seek a hearing at the pre-hearing review or earlier, with reasons given to the Registrar. The Registrar may allow an oral hearing in exceptional cases, without cross-examination.
• During this pilot phase, the Expedited Track will be offered to a maximum of eight cases filed in 2025. Depending on the take up rate, IPOS may increase this number in 2026.

Why Expedited Track

The Expedited Track gives parties the option to reach an adjudicated outcome on their dispute sooner than usual. Assuming parties abide by the requirements, an Expedited Track case should reach an adjudicated outcome faster than usual: a decision can be expected around nine months from the time a case is placed on the Expedited Track

This may benefit parties in various ways. Naturally, parties could expect to save costs, time and resources when compared to the standard track. In addition, parties may use the decision as a precedent in parallel proceedings in other jurisdictions, or parties may simply have more certainty sooner, to know how to conduct their business.

For more detailed information on the Expedited Track, please visit the official IPOS page.

For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.

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