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Intellectual Property Disputes in the UK: the Intellectual Property Enterprise Court (IPEC)

Court (Small)Intellectual property such as trade marks and patents can be important assets to a business. In instances where negotiation or arbitration or mediation are not appropriate a company may need to consider opening litigation proceedings.

As far as intellectual property cases are concerned there can be a perception that such proceedings in the UK are lengthy and costly affairs compared to other jurisdictions, such as Germany. However, there are options available to claimants that can provide litigation that is both quicker and cheaper than may generally be understood. In particular, claimants may take advantage of the streamlined procedures on offer in the Intellectual Property Enterprise Court. (more…)

Top 10 Points from UK Court Decisions from 2013 (CIPA Event 27 November 2013)

cipalogoToday we have a guest post from Suleman Ali of Holly IP and K2. This post was originally posted on the Holly IP blog IP Trends and is reproduced with the permission of the author.

These decisions were discussed at a CIPA event on 27 November 2013, and the following points are based on the cases selected by the speakers.

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Criminal courts as a forum for design infringement

Parliamentary copyright images are reproduced with the permission of Parliament

Parliamentary copyright images are reproduced with the permission of Parliament

We’ve written quite a bit about Clause 13 of the Intellectual Property Bill on IPcopy but with the IP Bill now on the verge of its second reading in the Commons the time left to change the Bill is running out. The specific clauses and their wording will be discussed in the Committee stage of the Bill which may occur before Christmas.

It would be my preference for Clause 13 to be deleted in its entirety from the Bill for a number of reasons, one of which is discussed in more detail below. The intention behind the clause is to provide stronger rights for designers which is, of course, a laudable aim. However, I question whether this clause is the correct vehicle for those improved rights. Alternatives such as extending the small claims track of the Intellectual Property Enterprise Court to hear registered design cases would also enable registered design rights holders to bring cases more cost effectively. ACID themselves appear to have had great success with mediation which is a process that could be formalised and expanded in my view to provide another option to rights holders.

However, instead we have Clause 13 which will make it a criminal offence to copy a design. In this article we’ll look a little more at the forum that such cases will be heard in.

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