Bringing or Defending a Small IP Claim in Leeds

Author Rich Tea Licence CC  BY-SA 2.0 DEED  Source Wikimedia Commons

 

Jane Lambert

Nearly 10 years ago I wrote How to Bring or Defend a Small Intellectual Property Claim in the Intellectual Property Enterprise Court in NIPC London. I wrote it with litigants in person in mind though I thought it would also be useful to lawyers who do not specialize in intellectual property and patent and trade mark attorneys who do not litigate regularly in the civil courts. It was intended to supplement A Guide to Bringing and Defending a Small Claim by the Civil Justice Council and A Guide to the Patents County Court Small Claims Track which has been replaced by the Guide to the Intellectual Property Enterprise Court Small Claims Track ("the Guide").

Much of that article remains true though there have been a number of developments since then.  The UK has left the European Union which means that IPEC is no longer a Community designs or EU trade mark court. Disputes over unregistered Community designs or EU trade marks that have arisen since 31 Dec 2020 are no longer within the IPEC Small Claims Track's jurisdiction.  The Leeds District Registry and the District Registries of several other major cities have been integrated with the courts in the Rolls Building in London to establish the Business and Property Courts (see my article Launch of a Judicial Super Highway? 12 July 2017 IP Northwest).  As a consequence of that integration it has been possible to bring certain types of small intellectual property claims in Leeds for most of the last 5 years (see Jane Lambert Small Claims Track IP Litigation in Leeds 10 July 2019).  According to Annex A of the Guide small IP claims in Leeds come before District Judge Prest KC.  Since 3 July 2023 most small IP claims litigation has been conducted in the North because Manchester Civil Justice Centre is now the new home of the IPEC Small Claims Track (see Jane Lambert IPEC Small Claims to be managed in Manchester 9 June 2023 IP Northwest).

The sections of How to Bring or Defend a Small Intellectual Property Claim in the Intellectual Property Enterprise Court that continue to apply are those headed "Do you need a Lawyer?" and "Have you got a Case?"  In addition to the pro bono services listed in section 6 of the Guide, I would add IP Pro Bono which is now part of Lawworks, Advocate which was formerly known as "Bar Pro Bono" and my own "Initial Advice and Signposting" clinic which I run in conjunction with Barnsley Business Village.  

It is still necessary for claimants to write a "letter before claim" unless there are very good reasons not to do so but the practice direction referred to in the section headed "Pre-Action Correspondence" has been revoked and replaced with the Practice Direction - Pre-Action Conduct and Protocols (see my article What to do about the new Practice Direction - Pre-Action Conduct 6 May 2015 NIPC Law).  Guidance on the steps to be taken by parties to intellectual property disputes is no to be found in para 6 of the Practice Direction.

The first paragraph of the section headed "Starting the Claim" has to be modified since the Manchester Civil Justice Centre and not the Rolls Building is now the home of the IPEC Small Claims Track and a small IP claim can now be issued out of the Business and Property Courts in Birmingham, Bristol, Cardiff, Liverpool, Manchester and Newcastle as well as Leeds.   If you want a case study of an IP case in one of those other cities, see Small Claims Track IP Litigation in Bristol 24 Feb 2022 NIPC Severn-Hafren.

I would repeat everything else I said in my previous article.  Anyone who wishes to discuss this topic should call me during normal business hours on 020 7404 5252 or send me a message through my contact form.

Barnsley Pro Bono IP Clinic 12 Nov 2019

Flowers from a happy client

Jane Lambert

Not all my clients send me flowers after a free 30-minute consultation at the Business Village at Wilthorpe in Barnsley but several have done so in the past.  This photo of me holding an unexpected bouquet from a more than satisfied client was taken at the Business Village's reception desk.

On the second Tuesday of every month between 16:00 and 18:00, I hold up to 4 free consultations of 30 minutes each with entrepreneurs, inventors and other creative people who require advice or assistance on IP law.

Enquiries can be of any kind.  For instance, an inventor of a new product may want to know whether it is patentable. I can't give him or her a complete answer in 30 minutes but I can tell the inventor the basic principles of patent law, advise about searches, how and where to apply, the likely costs in the Intellectual Property Office and European Patent Office and applications under the Patent Cooperation Treaty, the advantages of instructing a patent attorney and how they can be found and free or cost-effective business services through the Business and IP Centres at Leeds and Sheffield.

Sometimes the client needs services from another professional such as a product design consultant or a specialist insurance broker.  I can help point him or her in the right direction,  I have been running this clinic for the last 12 years and I have built up an enormous list of contacts in Yorkshire and beyond over that time.

My next clinic will take place on 12 Nov 2019 and I have slots between 17:00 and 17:30 and between 17:30 and 18:00.  If you want to take advantage of one of those slots fill in my Barnsley IP Clinic form and send it off as soon as possible.  I will give you an appointment as soon as I hear from you.  Alternatively, you can call the Business Village on 01226 249590 and ask to speak to Megan Winslow. If we can't fit you in this month we can offer you an appointment at the December clinic.

The Business Village is about a mile and a half from the centre of Barnsley and on several bus routes.  It is not far from the M1 and has plenty of free parking in the Village itself or in neighbouring streets. If you want to discuss this article or my service generally call me 020 7404 5252 during office hours or send me a message through my contact form.