News
12 December 2011
Small claims system to be introduced for Intellectual Property disputes
From the end of 2012, small companies will be in a better position to protect their intellectual property via a 'small claims' service at the Patents County Court which specialises in intellectual property infringement.
Big name household brands invest substantial sums in protecting their intellectual property rights.
Small and medium sized businesses also invest significant time and money in the development of their brand, trademarks, products and design and as such should have equal ability to protect the fruits of this innovation.
Historically many small and medium sized businesses have not been able to, or have chosen not to, protect or enforce such rights due to the costs of litigation and the associated drain on man power and resource which could otherwise be spent on growing their business. In fact evidence suggests that around 17% of small and medium sized businesses have given up attempting to enforce their rights due to high court costs.
However the Government has announced a new ‘small claims’ system aimed at providing access to justice for small and medium sized enterprises by facilitating a proportionate mechanism to protect intellectual property rights.
The new ‘small claims’ court will award damages up to £5,000 per case and will impose fixed costs providing a degree of certainty to rights owners when deciding whether to litigate. It is hoped that this will provide a proportionate and manageable arena in which to protect and enforce those rights.
Innovation is crucial to the development and the growth of competitive small to medium sized businesses who are in turn central to the health of the wider economy. It is with this in mind that we welcome any steps which assist and encourage the protection of intellectual property rights.
We hope that this new system will help our clients to protect their interests and future development.
Should you wish to discuss the protection of your intellectual property rights or infringement of those rights, please contact Gareth Wilkinson on 01782 205 000 or email Gareth.wilkinson@beswicks.com.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
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