From Monday (October 1st 2012), it will be possible for individuals and small firms to pursue copyright cases in court via a small claims service.
Under the changes being introduced, court rules have been amended to create a small claims “track” in the Patents County Court for claims relating to trade marks, copyright, passing off, unregistered design rights and certain other intellectual property rights.
A creator who makes a claim will be allocated to the small claims track if the claim value is less than £5,000 and the defendant does not successfully challenge the allocation.
The significance of allocating a case to the small claims track is that a simplified procedure applies and there is a limit to the costs that the successful party can recover from the other side.
The process will limit fixed costs and allow damages of up to £5,000 per case; which the Intellectual Property Office has estimated will benefit around 150 small firms each year, providing an annual boost to UK business of £350,000.
However, it is worth noting that the amended rules specifically do not relate to registered designs or patents and, as such, claims made in relation to these rights will not be allocated to the small claims track.
For more information about intellectual property law, speak to our solicitor Chloe Bunn.