press release
High Court sees steep rise in IP disputes
30 November 2010
The number of intellectual property disputes (IP) rose by more
than one-third (37%) from 562 in 2008 to 770 in 2009 according to
the latest figures from the High Court.
The number of claims relating to passing off and trade marks
rose from 142 in 2008 to 171 in 2009, patent claims rose from 111
to 130 and copyright and design right claims from 286 to 374, more
than any other type of claim. In addition the number claims
relating to the theft of confidential information has more than
trebled, jumping from 23 cases in 2008 to 95 in 2009.
Declan Cushley, Birmingham Head of Intellectual Property at
Browne Jacobson LLP, believes the economic conditions means that
businesses will fight tooth and nail to protect their intellectual
property:
“IP owners are more likely to take their grievances before a
judge when you consider the levels of investment involved from the
research and development costs through to the millions spent on
slick advertising.
“Profit margins are also increasingly tight for many businesses
at this moment so it’s important that they leverage as much value
from all their assets. For many intellectual property is the most
valuable asset they have so it is not surprising that there has
been a spike in claims over the past year.
“It is essential that organisations properly manage and protect
their IP. We have seen a marked interest in businesses requesting
our comprehensive IP audit product that helps them to review all
key contracts, identify areas of risk and develop a clear
intellectual property management strategy.”
Cushley also believes the rise in IP claims is set to continue,
particularly with recent changes to the Patents County Court (PCC).
From 1 October this year changes to the rules and procedures in the
PCC means that the cost of disputes will be lower and quicker to
resolve.
Cushley added: “The numbers of High Court claims have been
rising for the last few years and we expect this trend to continue.
Businesses have to act speedily in IP infringement cases and the
changes to the PCC will mean an even greater number of cases ending
up in the courts. Many smaller IP owners will now have their day in
court where as the previously the cost may have been a prohibitive
factor.”