Wildbore & Gibbons

A review of civil litigation costs by Lord Justice Jackson includes a recommendation to implement proposed reforms to the Patents County Court.  The aim is to increase access to justice for SME’s in Patent and Trade Mark cases.

The proposals include a new small claims “track” in the Court – to be renamed the “Intellectual Property County Court” – for claims worth less than £5,000, and a fast “track” for claims worth between £5,000 and £25,000.   The procedural rules would also be simplified and costs would be capped at £50,000.

In contrast with other countries, the judge said, there was an unmet need for justice in low value cases where the issues were clear.   His report included statistics from a City law firm as to total costs in recent High Court Patent and Trade Mark cases.   The Trade Mark cases cost an average of more than £700,000 and took more than a year to reach judgment.

UK trade mark attorney litigators will be able to take advantage of any new procedures, as they already have rights of audience in the County Court in Trade Mark and Design cases.

Putting these recommended reforms into practice will require fresh legislation, however, and it is not at present clear, despite support from the Minister for IP, David Lammy, as to when the Government will find time for this.