The Patents County Court Order

What is it? A law came into force on 1 October that will give SMEs easier access to justice to protect their copyright and trademarks. The order creates a clearer definition of which disputes involving copyright and trademarks should be heard in the Patents County Court (PCC) and which should go to the High Court.
What does it mean? The change will encourage more businesses to protect their intellectual property. Evidence presented to the recent Hargreaves Review of Intellectual Property and Growth indicated that SMEs are put off from enforcing IP rights because of the fear of High Court costs. But a new damages cap of £500,000 for all claims in the PCC means small firms seeking damages up to that amount are less likely to face a potentially very costly trip to the High Court.
What has changed? Previously, a business with a legal case worth less than £500,000 could face litigation in either court with unknown levels of financial risk.
What are the benefits? Less complex cases, which would typically involve small firms, will now automatically fall within the jurisdiction of the PCC, which has a less costly and more streamlined process.
The statistics Some companies had been put off protecting their rights due to cost uncertainties. Seventeen per cent of SMEs had given up trying to enforce their rights. The damages cap will be monitored with a review in 2014.
Where can I find out more?
www.ipo.gov.uk