Patents and design rights

Posted: 4th October 2011

A new regulation should make it easier for small and medium-sized businesses to bring actions to protect their patent and design rights.

The Patents County Court (Financial Limits) order (No. 2) 2011 came into force on 1 October 2011.
The change will make it more practical for businesses to take action to protect their intellectual property.
Technology COurtIn particular, a new cap on damages of £500,000 will mean that hundreds of claims which would previously have been dealt with in the High Court can now be brought, at lower cost, in the Patents County Court (PCC).
The legislation also creates a clearer definition as to which disputes can be heard in the PCC and which should go to the High Court. Previously, a business with a legal case worth less than £500,000 could face litigation in either court with unknown levels of financial risk.
The next step will be to expand the law further so that the damages cap for claims made in the PCC will cover copyright and trade mark cases.