Patents County Court
Encyclopedia
In the legal system of Courts of England and Wales
, the Patents County Court (PCC) in London
is an alternative venue to the Patents Court
of the High Court for bringing legal cases involving certain matters concerning patent
s, registered designs
and, more recently, trade marks, including Community trade marks
and designs
where the courts of England and Wales
are competent, as well as other intellectual property cases where a normal county court may be competent (such as for many copyright
matters).
Established in 1990 by an order made under Section 287 (1) of the Copyright, Designs and Patents Act 1988
, the intention was that the PCC should be a forum where simpler cases could be dealt with under a cheaper and more streamlined procedure than the High Court. In practice, following the Woolf Reforms of 1998, the streamlined procedure is now available in all courts. One remaining difference however is that cases at the PCC can be argued by solicitor
s or patent agent
s, rather than having to be presented by separate qualified barrister
s (though a patent agent also has right of audience in the Patents Court in appeals from the Patent Office; a patent agent holding a Litigator Certificate has right of audience in any case before the Patents Court and in the court of appeal in appeals from the Patents Court).
Formally, the PCC has the status of a county court
; however there is no restriction on the complexity of cases it can hear, but from 14 June 2011 a limit of £500,000 (excluding interest, other than interest payable under an agreement, and costs) on the value of claims was introduced. Cases can be transferred from the PCC list to be heard by the High Court at the discretion of the PCC; the High Court also routinely transfers cases from its list to the PCC. As with the High Court, appeals from PCC decisions (if leave to appeal is granted) are heard by the Court of Appeal
. It
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
, the Patents County Court (PCC) in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
is an alternative venue to the Patents Court
Patents Court
The Patents Court is a specialist court within the Chancery Division of the High Court of Justice of England and Wales. It deals with disputes relating to intellectual property.-References:...
of the High Court for bringing legal cases involving certain matters concerning patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
s, registered designs
Industrial design rights
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three...
and, more recently, trade marks, including Community trade marks
Community Trade Mark
A Community M application in any member state can defeat the entire application, a CTM registration is enforceable in all member states.The CTM system is administered by the Office for Harmonization in the Internal Market , which is located in Alicante, Spain .- Character and advantages :The...
and designs
Community design
A Community design is a unitary industrial design right that covers the European Union. It has both unregistered and registered forms. The unregistered Community design came into effect on 6 March 2002 and the registered Community design was available from 1 April 2003.-Legal basis:Council...
where the courts of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
are competent, as well as other intellectual property cases where a normal county court may be competent (such as for many copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
matters).
Established in 1990 by an order made under Section 287 (1) of the Copyright, Designs and Patents Act 1988
Copyright, Designs and Patents Act 1988
The Copyright, Designs and Patents Act 1988 , also known as the CDPA, is an Act of the Parliament of the United Kingdom which received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been...
, the intention was that the PCC should be a forum where simpler cases could be dealt with under a cheaper and more streamlined procedure than the High Court. In practice, following the Woolf Reforms of 1998, the streamlined procedure is now available in all courts. One remaining difference however is that cases at the PCC can be argued by solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s or patent agent
Patent attorney
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition...
s, rather than having to be presented by separate qualified barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s (though a patent agent also has right of audience in the Patents Court in appeals from the Patent Office; a patent agent holding a Litigator Certificate has right of audience in any case before the Patents Court and in the court of appeal in appeals from the Patents Court).
Formally, the PCC has the status of a county court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
; however there is no restriction on the complexity of cases it can hear, but from 14 June 2011 a limit of £500,000 (excluding interest, other than interest payable under an agreement, and costs) on the value of claims was introduced. Cases can be transferred from the PCC list to be heard by the High Court at the discretion of the PCC; the High Court also routinely transfers cases from its list to the PCC. As with the High Court, appeals from PCC decisions (if leave to appeal is granted) are heard by the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
. It
Judges of the Patents County Court
Cases are heard by the judge or an appointed deputy judge. Since the founding of the court, there have been three judges:- September 1990 – September 2000 : Peter Ford
- Autumn 2001 – Autumn 2010 : Judge Michael Fysh QC
- Since Autumn 2010: Colin Birss QC
External links
- The Patents County Court on the Ministry of Justice's site
- The Work of the Patents County Court by Judge Michael Fysh QC, (Oxford Intellectual Property Research Centre (OIPRC) Working Paper Series No 3, February 2003).
- UK Patents County Court - Phoenix Risen? by Michael Burdon, partner at OlswangOlswangOlswang is an international law firm headquartered in London, United Kingdom and with additional offices in the Thames Valley, Berlin, Brussels, Madrid, Paris and most recently Munich. It also works closely with a network of firms across eighty countries. The Lawyer ranked the firm 32nd largest in...
solicitors, (Patent World, July/August 2003).