A recent review of civil litigation costs has finally issued its findings and recommendations. In addition to the bigger ticket areas, the Jackson Review has given recommendations in relation to intellectual property rights. Rightly recognizing that our economy relies heavily on encouraging innovation and its subsequent protection, Lord Justice Jackson acknowledged the need to reform the cost structure of IP litigation. As part of his final report he writes:
"In some areas of civil litigation costs are disproportionate and impede access to justice. I therefore propose a coherent package of interlocking reforms, designed to control costs and promote access to justice".
Quite often small businesses are deterred from taking court action in defence of their intellectual property simply because there is no way to determine what the financial cost will be. The recommendations of the Jackson Review aim to end this by allowing costs to be recovered from opponents (according to a set cost scale) and by capping recoverable costs. In addition it recommends the introduction of a fast track process for small claims which would be undertaken by the Patents County Court (PCC).
While various other processes have previously been suggested, none have as yet been implemented. This is just another process that is recommended that would not only assist in monitoring costs but which would speed up the process. The ultimate aim is to encourage smaller businesses to defend their IP rights and not be intimidated by the prospect of unforeseen cost and lengthy process.
If you have any concerns regarding the protection you have in place for your intellectual property then contact Sanderson & Co. for advice.
|+44 1206 571187|