Until recently the cost of enforcing an intellectual property right was prohibitive. As a result many small and medium enterprises did not bother to protect their technology, brands or designs with patents or registered trade marks or designs. Both the present and previous governments saw that as a problem and commissioned reports by Hargreves and Gowers on the operation of the intellectual property system. Both recommended the establishment of a less expensive forum for the resolution of intellectual property disputes.

Two years ago the Patents County Court adopted procedures that limited recoverable costs to £50,000 and restricted trials to one or two days. Even though that was a great improvement on the previous arrangements where costs were not much lower than in the High Court it was still too expensive for many small businesses.  The government responded on 1 Oct 2011 by launching the small claims track of the Patents County Court.

This new jurisdiciton will hear most intellectual property claims where the damages sought are less tha£5,000. Since most intellectual property owners want an injunctin rather than damages this track can resolve many (if not most) of the actions that had previously been brought in the High Court.   A simplified procedure has been adopted for this track.  Rules of evidence are not applied strictly, testimony is not always taken on oath and cross-examination is limited.   Costs are limited to £260 when counsel or a solicitor has been instructed in relation to an injunction, court fees and reimbursement for travel and loss of earnings up to £90 per day.

Jane Lambert, head and founder of NIPC (the first and so far only patent chambers outside London) will discuss the new court and how to use it.   She will talk about types of cases that are suitablee for the court, pre-action correspondence, issue of proceedings, hearings, judges and appeals.   She will also consider how to prosecute patent and designc cases and consider alternatives to litigation.

Though this talk is aimed at inventors and business people it will contain plenty of useful materials for civil and commercial litigators and patent and trade mark attorneys including precedents and step by step guides which will eventually find their way into the new edition of Lambert on Enforcing Intellectual Porpetry Rights.

Admission is free but as space is limited you must have a ticket.   For further infromation call Michael Sandys of QualitySolicitors Jackson & Canter on 0151 282 1700 or email him on MSandys@jacksoncanter.co.uk. There is a multistorey car park in Hanover Street and Lime Street station is nearby.   We look forward to seeing you.