Patents County Court: Small Claims
If you are a regular reader of this blog, you will recall that a few weeks ago we mentioned changes to the Patents County Court (“the PCC”) procedure. Our newsletter containing an article on the changes is now available for further details on these changes.
By way of further update, on 15 November 2011 the Government announced that a new small claims option will be available in the PCC which will further help small and medium sized enterprises protect their intellectual property rights. The PCC deals with all kinds of intellectual property rights, not just patent disputes.
In effect this procedure will cap damages at £5000 per case (as is the case for small claims in other areas of law) and will fix a limit on the costs recoverable. This will mean that smaller companies which have been unable, in the past, to protect their intellectual property rights because they were concerned about the potentially massive costs liability if they were to bring an action and lose, will be able to afford to bring action against infringers.
We will update you further when the small claims procedure is available.
The recent changes to the PCC have resulted from the Hargreaves Review of Intellectual Property, which we will discuss in upcoming blogs.
If you would like any further information on this subject, please contact Emma Hayward.