Latest Solicitors News - November 2010

Cost of defending patents capped

A cap has been introduced for the cost of defending patents, trademarks or copyrighted material against infringement in the county courts.

From 1st October, any small business or individual using the Patent County Court (PCC) to defend their intellectual property will only face costs of up to £50,000 if they are unsuccessful in their claim.

The move follows a review by Lord Justice Jackson last year, which found that, even though the PCC had been created to provide a cheaper and more streamlined forum for intellectual property claims by small and medium-sized firms, it had failed in its objective.

Smaller businesses have been reluctant to use the PCC for fear of having to pay considerable costs if they lost their claim. In addition, as the procedure is the same as that of the High Court, it can be an expensive option in itself.

Now that the first of these issues has been addressed, it is hoped that firms will feel more confident using the PCC, as they can be assured that their budgets will be met.

As the aim is to provide access to justice at a fair price, costs will increase on a sliding scale as the case proceeds, with an additional limit of £25,000 on proceedings to decide damages.