Patent court cost reforms patently right

Published: 15 January 2010
By: Robert Jackson

The Chartered Institute of Patent Attorneys has strongly supported the proposed reforms for handling intellectual property (IP) disputes set out in Lord Justice Jackson's 'Review of Civil Litigation Costs'. The report proposes substantial changes to the costs culture in civil disputes in English Courts
 
IP litigation is often criticised as providing a Rolls-Royce approach at Rolls-Royce prices. The recommendations do not criticise the Rolls-Royce cases. But Lord Justice Jackson makes clear a key finding: one size definitely does not fit all.
 
The Review endorses proposals for significant reforms to the Patents County Court. They will provide a distinctive forum which will enable less complex disputes and those involving SMEs to be resolved at a fraction of the costs of High Court proceedings
 
Alasdair Poore, Vice-President of CIPA said: 'The proposed reforms will mark a dramatic shift in the approach to less complex intellectual property disputes in England. They will provide a realistic forum for SMEs to resolve intellectual property disputes, and for lower-value claims to be pursued in a cost effective and expeditious manner.'  
 
Parties will set out their case with supporting evidence, the Court will determine quickly what steps should be taken to prove this case, and set a hearing date.
 
Costs (recoverable from the other party) will be capped at £50,000 - a long way from costs in the hundreds of thousand or million pound levels in the High Court. The only significant restriction is that the damages which can be claimed in such proceedings will be limited to £500,000.
 
Alasdair Poore says that: 'UK patent attorneys are ready to take advantage of the new procedures.  They are already very familiar with similar procedures in the European Patent Office, where they frequently represent clients, and they have been entitled to represent clients directly in the Patents County Court since it was created.'

Notes to Editors:
 
The full Review can be found by clicking here.
 
The Patents County Court was set up under the 1988 Patents, Designs and Copyright Act. It was intended to provide a lower-cost forum for IP disputes, but it presently uses the same rules of procedure as the High Court.

Tel: 01372 271234, mobile: 07973 213039
 
Issued by:
The Chartered Institute of Patent Attorneys
95 Chancery Lane
London WC2A 1DT
www.cipa.or.uk