The world of IP

The world of IP is rapidly changing. Nowadays we live in an IP driven economy. This section headlines particular items which we believe merit your attention, news items not only from the United Kingdom but from jurisdictions worldwide. For a more in-depth analyis of some of these items, please click on the Hot Topics section of the site. And, of course, please contact us if there is any matter on which you would like our view or analysis!

IP News

EU Patent Agreement Postponed Until 2012....

22 December 2011

The European Parliament and Council of Ministers have failed to ratify the proposed EU Patent, but is expected to endorse the system in February 2012. However, the Legal Affairs Committee backed the three part package of a unitary patent, a language regime and a unified patent court. The new system would provide automatic unitary patent protection and substantially cut costs for EU firms, as well as encouraging incoming business to the EU.

Before the new regulation can enter into force, it must be endorsed by the full European Parliament and the Council of Ministers. The legislation is being dealt with under the "enhanced co-operation procedure" whch allows groups of member states to integrate policies further, even where others do not agree (sounds familiar!!) Spain and Italy have opted out of the proposal, but may join in at a later date. The Parliament and Council are expected to endorse the proposal in the plenary session in February.

New Small Claims Procedures at UK Patents County Court. Cheap Justice?...

16 November 2011

The Government has confirmed that a new small claims service will be introduced at the Patents County Court (PCC), helping small and medium sized businesses protect their copyright, trade marks and designs.

Currently small firms are often put off enforcing their Intellectual Property (IP) rights by high costs, even through the new Patents Court procedures, which has a fixed costs liability of £50,000 and a maximum sum recoverable in damages of £500,000. The new process will limit fixed costs (though there is no information as yet to the level) and allow damages of up to £5000 per case. Perhaps more significantly, the remedy of an injunction to halt sales of infringing item will still apply.

New figures produced by the Intellectual Property Office (IPO) estimate that around 150 firms will benefit from the service every year, providing an annual boost to UK business of £350,000.

The text of the press release does not refer to patents, which may either be an error or a decision to limit the procedure to "simpler" IP.

More to follow when the details of the small claims procedure are in place!