UK establishes small-cases court for intellectual property

PanARMENIAN.Net - Small-biz bosses in England and Wales will find it easier and cheaper to protect their intellectual property from Oct 2, The Register reports.

A new way was launched to use the Patents County Court (PCC) to settle small claims of up to £5,000 without getting expensive lawyers involved. The so-called small-claims track is part of the Coalition government's overhaul of law for small business.

Costs and damages in small-scale intellectual property cases are already capped, but claims will now be processed quicker as a result of the new track - with businesses able to write directly to judges setting out their case. Copyright, trademark and holders of unregistered designs will have the option of sorting out disputes through an informal hearing without legal representation.

However although copyright, trademarks and unregistered design cases can be chased through the small-claims court, other sorts of case may not be. Patents and any lawsuits involving plant varieties will have to follow other procedures in the PCC.

The High Court will remain the venue for more complex and expensive cases, with potentially unlimited damage and cost awards.

The changes come after two separate reviews of the patent process, headed by Lord Justice Jackson and Professor Ian Hargreaves respectively.

The government's business department still recommends that legal action is a last resort for intellectual property disputes. They stressed that Blighty's Intellectual Property Office (IPO) provides alternatives for resolving basic disputes, including hearings before an IPO tribunal and the office's mediation services.