.jpg)
Subscribe to and view our newsletter
Reforms to commercial litigation law that are intended to make it easier for small and medium-sized firms to protect their intellectual property have been announced by the government.
The Department for Business, Innovation and Skills has introduced a £500,000 cap on claims made in the Patents County Court (PCC) that should remove the possibility of small firms not knowing which court would deal with their case and consequently, the levels of financial risk.
The Patents County Court (Financial Limit) Order 2011 will ensure that lower value, less complex cases – in which SMEs would typically be involved – will automatically fall within the jurisdiction of the PCC. It also clearly establishes which patent and design rights disputes will be heard in the PCC and which will be sent to the High Court, reducing the threat of incurring large legal costs.
Previously, many businesses have decided against taking action to protect their IP due to the cost. Companies should now no longer be put off making claims and be encouraged to take more action to protection their intellectual property (IP) rights.
The PCC was established in 1990 to provide a less expensive and simpler alternative to the High Court for smaller, less complex claims.
Minister for intellectual property, Baroness Wilcox, said the new rules will "provide clarity over the legal processes, certainty over the risks and give small enterprises the confidence to stand on an equal footing with financially stronger companies".
The new law will be monitored followed by a review in June 2014. The law is likely to be further extended so the damages cap will cover copyrights and trademarks cases in the future.
If you feel your commercial rights have been infringed, or you require further information on issues relating to trademarks, copyright and intellectual property, please Christopher Burke, who is partner in the commercial litigation team at Pearson Hinchliffe Commercial Law, using the details provided below.
.(JavaScript must be enabled to view this email address)
0161 785 3500
Templeton Insurance v Motorcare Warranties: High Court held director of an insurance company in contempt of court for breaching a freezing order imposed against the company.
MoreAfter a 5-decade long career, head of Corporate Commercial department retires.
MoreSunday trading restrictions during the Olympic and Paralympic Games to be suspended.
MoreThe national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.
MoreThe national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.
MoreA recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.
Download the guidance covering arrangements for holidays and holiday pay.
Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.
How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.
Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.
The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.
With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.
A live selection of current assignments offered by Pearson Hinchliffe Commercial Law or those of our professional partner organisation,
