Legal Updates

Intellectual Property – IP Law, Patents County Court – Patent – Damages

A new change introduced to Patents County Court (PCC) law means damages are now capped at £500,000 for claims filed in the PCC. The change aims to ensure that lower value, less complex cases will automatically fall within the PCC’s jurisdiction.

Implications

It will be easier for small and medium enterprises (SMEs) to protect their design and patent rights against larger, wealthier businesses.

How? By SMEs going to the High Court and saving on potential damages. Previously, a company with a legal case worth less than £500,000 could face litigation in either court with unknown levels of financial risk. The change aims to ensure that lower value, less complex cases will automatically fall within the jurisdiction of the lower, cheaper PCC.

The Patents County Court (Financial Limit) Order 2011, creates a clearer definition of what disputes may be heard in the PCC and which ones should go to the High Court.

If you require advice on patent law, please contact us at [email protected]

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© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.