Is the Intellectual Property Court working?
Written by Michael Coyle on 05 August 2015« Return to Reading Room
Overall its positive namely
"Legal practitioners are unanimous in their assessment that the ability of SMEs/individuals to gain access to justice has been greatly improved by the reforms;
• The costs cap (recoverable scale up to £50,000) and ACM by judges are clearly identified as the most important reforms;
• Regarding the costs cap, the benefit is that litigants know their potential exposure before initiating a claim; in practice, a costs award of less than £40,000 is commonly awarded to the winning party;
• Meanwhile, ACM clarifies and limits claims – greatly speeding up the process of litigation;
• The SCT is seen as a useful option – particularly for individuals and small enterprises that previously may not have attempted to litigate;
• The damages cap (£500,000) is seen as relatively unimportant (in most cases the interim and/or final injunction is seen as the main goal for litigants);
• The reforms have opened up the IPEC MT to a wider range of representatives – there has been greater participation by patent attorneys and trade mark attorneys, in addition to the continuing presence of solicitors and barristers."
The report can be read here
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