A new law that comes into force today (14 June 2011) in England and Wales will give small businesses easier access to justice to protect their patent and design rights. A damages cap of £500,000 for claims made in the Patents County Court (PCC) means that those claiming damages up to that amount are less likely to face a potentially more expensive trip to the High Court. It will also provide clarity over the legal processes, certainty over the risks and give small enterprises, including those associated with FE and HE institutions, the confidence to stand on an equal footing with financially stronger companies. The Patents County Court (Financial Limit) Order 2011 creates a clearer definition of what disputes can be heard in the PCC and which ones should go to the High Court. Previously, those with a legal case worth less than £500,000 could face litigation in either court with unknown levels of financial risk.
Further details are on the IPO website.