Simplified Process for Resolving IP Disputes

Fundamental changes to all types of intellectual property claims have been implemented with effect from 1 October 2010.  A simplified process for resolving lower value and less complex IP disputes has been created for cases that traditionally were heard in the High Court.  The consequence of the streamlining is the reduction of total costs incurred by each side in litigation. The new procedures have been tailor-made for smaller intellectual property claims and, crucially, will enable parties to have greater control over the litigation costs.  The changes include the introduction of a cap on the costs that the winning party can recover from the losing party which means that it is now possible for claimants to commence litigation with a clear idea of their potential downside.  This will be of particular interest to small and medium-sized enterprises, some of whom have been unwilling to enforce their rights in the High Court due to the risk of high costs liability.  Further details of the changes can be found on the Intellectual Property website at - http://www.ipo.gov.uk/news/newsletters/ipinsight/ipinsight-201010/ipinsight-201010-1.htm.

Posted on 26/10/2010

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