Louisa Albertini discusses regime change at the Patents County Court
The rules regarding cases before the Patents County Court (PCC) were amended last month with a view to making it a more attractive venue in which to determine intellectual property disputes. This development has the potential to bring fundamental changes to the way in which intellectual property disputes are dealt with in England and Wales, with more cases being brought before the PCC, and cases being determined more quickly and at less expense than in the High Court. However, some commentators are concerned that these changes could dilute the thorough examination of cases for which the courts in England and Wales are renowned.
Need for reform
The PCC was established in 1990 to serve the interests of small and medium-sized enterprises (SMEs) with the aim of providing an affordable forum for intellectual property litigation. However, despite the good intentions behind its establishment, the PCC was not a particularly popular forum. For example, it has been estimated that in 2006 there were only 12 patent cases that reached judgment at first instance
