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Intellectual Property: New Patents County Court Small Claim Track

The New small claims track within the Patent County Court (PCC) came into operation on the 1st October 2012.

The new track is the product of Lord Justice Jackson’s “Review of Civil Litigation Costs” and Professor Ian Hargreaves’s further review, “Digital Opportunity, A Review of Intellectual Property and Growth”. 

It is hoped that the PCC small claims track will provide small and medium-sized enterprises and entrepreneurs with a cost effective arena in which to litigate certain intellectual property disputes. The types of cases that are deemed suitable for the PCC small claims track include disputes involving copyright, trademarks (UK and Community registered trademarks), passing off and unregistered trademark (UK and Community unregistered design right). Disputes involving patents, plant varieties and registered designs (including Community registered designs) are deemed unsuitable for allocation to the PCC small claims track. 

In common with ordinary civil cases allocated to the small claims track, the PCC small claims track is intended for straightforward Intellectual Property claims with a financial value of no more than £5,000. A claimant must expressly state in writing (within the Particulars of Claim) that they wish for their claim to be allocated to the small claims track. Further, costs are limited to the fixed costs regime set out in CPR r.27.14.

/ 1st Oct 2012


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