Procedure for filing low-value IP claims simplified for small businesses and individuals in England.
Lexology reports that the English Patent County Court (PCC) has introduced a new small claims track to provide “a proportionate procedure” for intellectual property (IP) claims with a value of below £5,000 ($8,000/€6,200) to be resolved “without the need for substantial preparation and formalities of a full scale trial”, ensuring the court process is “quicker, cheaper and more user-friendly”.
IP claims eligible for the small claims track must be related to copyright, passing off, trademark or unregistered design rights, with those relating to patents or registered designs being required to either be brought in the High Court or in the PCC’s streamlined multi-track option, which has a cap on damages of £500,000 ($802,000/€620,000) and limits the amount of costs that can be awarded to £50,000 ($80,300/€62,000).
As part of the new small claims track, the UK Intellectual Property Office can provide a “non-binding opinion” on potential patent infringement claims. The court proceedings are undertaken in a “semi-informal” manner, with strict rules of evidence not being required and the court not needing to take evidence on oath. It may also limit cross-examination, and interim remedies such as temporary injunctions and freezing orders are unavailable.
In terms of resolving claims in the small claims track, the PCC can award damages or an account of profit up to the value of £5,000 and/or a permanent injunction to prevent future infringement.