In with the new
The new regime for the Patents County Court should improve the process for handling intellectual property disputes – but efficient court management will be vital to its success, says Patrick Wheeler
A new procedure for claims commenced in or transferred to the Patents County Court (PCC) from 1 October 2010 has been introduced by the 53rd update to the CPR. In addition to a fixed-costs regime giving greater predictability, it is widely anticipated that the PCC will provide the faster, more streamlined forum for conducting intellectual property disputes that was hoped for at its inception.
Part 63 CPR and PD63 set out the relevant matters within the jurisdiction of the PCC. This is not restricted to hearing patent claims; it has jurisdiction to hear all intellectual property matters. The PCC has a newspecialist presiding judge, Judge Birss, and Arnold J was closely involved in drafting the new rules.
The table sets out the main provisions. The consequences of these changes will be closely monitored both by IP practitioners and many others interested in reducing the costs of litigation. Judge Birss' first decision has already applied a common sense approach to the issue of a case transferred from the High Court at an advanced stage.
However, efficient court administration will be key. The PCC currently relies on the under-resourced Central London County Court which is already in severe difficulties, with more cuts to come. It would be a disaster if the most innovative cost-reduction regime since the Jackson report was to founder as a result, and it is hoped that the administration will be taken over by the High Court Chancery Division.