Claims for injunctions for infringement of copyrights, design rights and trade marks, passing off, breach of confidence and indeed all intellectual property claims except those involving patents, registered designs, registered Community designs, semiconductor topographies and plant breeders’ rights can now be brought in the small claims track of the Patents County Court provided that the claim for damages does not exceed £5,000.

NIPC Law

Until recently most intellectual property claims were brought at great expense and ended inconclusively in the Chancery Division. There was the Patents County Court in London but that was almost as expensive as the High Court and for a long time its jurisdiction was confined to patents and designs. There were also the county courts in Manchester, Leeds, Liverpool, Preston, Newcastle, Bristol, Birmingham, Cardiff, Mold and Caernarfon but cases in those courts had to take their place in very long queues to come on eventually before a judge or recorder who was unlikely to have done much intellectual property work either on the bench or in practice. As a result, intellectual property rights have been widely ignored because infringers calculate that the owners of those rights cannot afford to sue or that the cost of enforcement is greater than the value of the likely remedy.

Now those calculations will have…

View original post 1,028 more words

Advertisements

One thought on “

  1. Pingback: How to bring a Small Claim in the Patents County Court: English law | Xpose Corrupt Courts | Scoop.it

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s