Hargreaves implementation: Enforcement

An effective IP enforcement regime - and the UK’s is one of the best in the world - is a necessity for any advanced economy.

The Government shares the Review’s perspective that intellectual property rights (IPRs) cannot fulfil a useful function unless they are enforceable.

Progress to date

Introducing a small claims track to the Patents County Court

A new small claims track has today been introduced to the Patents County Court (PCC), which will speed up the court process and make it cheaper and easier, particularly for small and medium sized businesses, to protect their intellectual property (IP) rights.

For further information please read the press release issued on 1 October 2012.

IP Crime Report

The new IP Crime Report 2011/12 (3.1Mb) was launched on 16 July 2012. The report highlights current and emerging threats surrounding counterfeiting and piracy, especially those conducted via the internet. The report also raises awareness around the diverse nature of fake goods especially those with a direct effect on consumer harm.

The report contains statistical data and enforcement activities from enforcement agencies such as trading standards, police and HM Revenue & Customs along with industry bodies.

The previous 2010/11 IP Crime Report (3.12Mb) was launched on 9 August 2011 and examined the threat posed to businesses and individuals by IP crime and highlights examples of successes in combating it.

Introducing a small claims track to the Patents County Court - Government Response

On 26 March 2012, the Government has published the response (257Kb) to a call for evidence which sought comments and any relevant evidence on: the details of how the general small claims track should work in relation to resolving IP disputes; which types of IP dispute could be resolved through it and the renaming of the Patents County Court.

Introducing a small claims track to the Patents County Court

On 15 November 2011, the Government confirmed that following the completion of a positive value for money case, it will be introducing a small claims track to the Patents County Court.

Today, 19 January 2012, we are inviting stakeholders to respond to a call for evidence which seeks comments and any relevant evidence on: the details of how the general small claims track should work in relation to resolving IP disputes; which types of IP dispute could be resolved through it and the renaming of the Patents County Court.

For further information please see the call for evidence (189Kb) and draft impact assessment (283Kb).

Patents County Court

In its response to Hargreaves the Government committed to consider renaming the Patents County Court to the Intellectual Property County Court by Autumn 2011. We have been considering the issues and require further evidence to establish the case for change. We continue to look for a low-cost way to change its name, which will enable businesses to readily identify which court resolves intellectual property cases. The change of name would build on a number of initiatives we have worked on to improve small business' access to justice such as the announcement of a small claims track to the Patents County Court.

New small claims service announced

In its response to Hargreaves Review, the Government committed to introducing a small claims track into the Patents County Court (PCC), subject to a value for money case being made. Today, 15 November, we are pleased to confirm that following a positive value for money case the Government has announced it will be introducing a small claims track to the PCC, which we hope will be operational before the end of next year.

For further information, read the press release issued on 15 November 2011.

New law helps businesses protect their IP Rights

A new law came into force on 1 October giving small and medium sized businesses easier access to justice to protect their copyright and trade marks. The Patents County Court (Financial Limits) Order (No.2) 2011 creates a clearer definition of which disputes involving copyright and trade mark claims should be heard in the Patents County Court (PCC) and which ones should go to the High Court.

For further information read the press release issued on 1 October 2011.