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ARTICLE · 05 SEPTEMBER 2012

Patents County Court - Emerging Trends Analysis

CMS Cameron McKenna Nabarro Olswang
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Who is using the Patents County Court (the 'PCC'), who are they choosing to represent them, what types of cases are being heard, and how efficient is the PCC?

United KingdomIntellectual Property
Jeremy Morton
Jeremy Morton

Who is using the Patents County Court (the 'PCC'), who are they choosing to represent them, what types of cases are being heard, and how efficient is the PCC? We wanted to see if there are emerging trends in the use of the court following the reforms to the PCC in October 2010.

Judge Birss QC has reiterated that the purpose of the PCC is "to provide cheaper, speedier and more informal procedures to ensure that SMEs and private individuals were not deterred from innovation by the potential cost of litigation to safeguard their rights". Our data reveal that there is increased confidence in the court's abilities and the number of cases in the PCC is increasing.

What is notable, and perhaps surprising, is that although smaller entities have been the most frequent users of the PCC, large undertakings have also appeared as parties in the PCC several times, both as claimants and defendants.

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