Contents

NIPC Training

The New Intellectual Property Court
Thursday 6th January 2011
14:00 - 17:15
CPD 3 Hours
Gumption Centres, Glydegate, Bradford, BD5 0BQ
S
t. Dunstan's House, trial centre of the Patents County Court

Fee
£120 + VAT 
Save VAT by booking before 1st Jan 2011

How to Book
You can make sure of your place right now by booking and paying online. Otherwise you can d
ownload the course brochure, complete the booking form and send the cheque to NIPC Ltd. The Media Centre, 7 Northumberland Street, Huddersfield, HD1 1RL.

You can also c
all us on 0800 862 0055 and we shall send you an invoice.


Why this is important

New rules for the Patents County Court, which came into force on 1 Oct 2010, have effectively created a new intellectual property court for England and Wales. This Court is intended to handle claims under £500,000 involving small and medium enterprises ("SME").

The rules and practice of this new court are a radical departure from the way intellectual property litigation has been conducted up to now.  Here are some of their features:
  • limits to the overall costs that can normally be recovered in an intellectual property claim (£50,000 on liability and £25,000 for an inquiry as to damages or an account of profits);
  • limits to the costs that can be recovered at each stage of the proceedings (£6,125 for the initial pleadings, £2,500 for attending a case management conference, £15,000 for a trial and son on);
  • statements of case to stand as the primary evidence;
  • strict controls on introducing any other evidence;
  • interim applications to be in writing unless there is a good reason for a hearing; 
  • the court to sit outside London;
  • strict controls on cross-examination; and
  • most trials to be completed within a day or 2 at the outside.
Since most intellectual property claims issued out of the Leeds, Liverpool, Manchester and other Chancery District Registries or their county courts are worth less than £500,000 and involve SME it is likely that most of those cases will in future proceed in the Patents County Court.   It is therefore vital that every solicitor, patent or trade mark attorney in the North gets to know and understand these new rules.
 
Speakers and Topics

The main speaker will be Jane Lambert of NIPCJane is the only member of the Intellectual Property Bar Association to practise outside London. 

She has been am enthusiastic user of the court ever since it started and in one year settled 25% of the claims issued out of that court.   She has fought several patents, registered designs, design right and trade mark trials and many more interim applications there over the last 20 years.Also, she has published many articles and case notes about the Court's practice. Finally, she contributed to the IPCUC Report that led to the new rules.  

Jane will talk about the history and development of the court, the background to the rule changes, an overview of the rules and case law. She will then discuss in detail the steps to be taken before a dispute arises mentioning IP audits, patent, design and trade mark registrations, alternatives to litigation. contracts and the funding options.
As funding is an issue for many clients, she will be joined by Gareth Greaves-Milner of specialist brokers McParland Finn who will discuss many of the IP insurance packages that are now available at premiums that most SME can afford.

Finally Jane will talk about pre-action procedure, how to avoid threats actions, issuing proceedings and transfer to and from other courts, the statements of case, case management, evidence and trial. In particular, she will discuss such knotty problems as claiming costs off the scale and listing outside London.

In addition to a complete set of materials to follow the course, every delegate will receive a DVD containing a complete set of model pleadings settled by patent counsel, model application notices, skeleton arguments for use at trial, case management conferences and other applications and model minutes of order with links to the relevant rules, practice directions, cases and the Jackson and IPCUC Reports. 

For further information download our brochure.



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Jane Lambert,
30 Nov 2010 04:36