Intellectual Property Law: Legislation & cases

In the legal system of Courts of England and Wales, the Patents County Court (PCC) in London is an alternative venue to the Patents Court of the High Court for bringing legal cases involving certain matters concerning patents, registered and unregistered designs and, more recently, trade marks, including Community trade marks and designs where the courts of England and Wales are competent, as well as other intellectual property cases such as copyright matters.

Established in 1990 by an order made under Section 287 (1) of the Copyright, Designs and Patents Act 1988, the intention was that the PCC should be a forum where simpler cases could be dealt with under a cheaper and more streamlined procedure than the High Court. One difference is that cases at the PCC can be argued by solicitors or patent agents, rather than having to be presented by separate qualified barristers (though a patent agent also has right of audience in the Patents Court in appeals from the Patent Office; a patent agent holding a Litigator Certificate has right of audience in any case before the Patents Court and in the court of appeal in appeals from the Patents Court).

In 2010 the procedures of the PCC were reformed to improve access to justice for smaller and medium sized enterprises seeking to litigate their intellectual property rights and to clarify the distinction between the PCC and the High Court. Formally, the PCC has the status of a county court; however there is no restriction on the complexity of cases it can hear. The new procedural rules introduce a cap on recoverable costs of no more than ?50,000. The level of damages is capped at ?500,000 for the court's "special jurisdiction" of patents and designs. Cases can be transferred from the PCC list to be heard by the High Court at the discretion of the PCC; the High Court also routinely transfers cases from its list to the PCC. As with the High Court, appeals from PCC decisions (if leave to appeal is granted) are heard by the Court of Appeal.

The court is also being brought under the wing of the Chancery Division of the High Court of England and Wales. Various transitional provisions and savings are also implemented as a result of the changes announced in the Civil Procedure (Amendment No. 7) Rules 2013. The PCC) will continue to carry out its current functions as the IPEC hearing less complex cases related to all intellectual property matters based at the Rolls Building in London. The Patents County Court handles two types of cases, including the so-called "small claims track". The main route for cases in the PCC has a limit on damages of up to £500,000. The court will also only issue costs orders which are proportionate to the matter of the dispute and are subject to a ceiling of no more than £50,000. The small claims track is intended to be for claims with a value of up to £10,000 and where costs orders are also tightly controlled