New service to reduce cost of disputes over IP and design

New measures are to be introduced to try to reduce the cost of disputes over Intellectual Property and design rights.

The new Designs Opinions Service is aimed at small and medium-sized businesses and will be similar to the current Patent Opinion Service, which was introduced in 2005. It will be run by the Intellectual Property Office and will enable both sides in a dispute over IP to get an opinion from an independent expert before having to resort to court action.

The expert’s view will not be binding on either side. However, it’s hoped that getting an impartial opinion will help resolve the more straightforward disputes at an early stage and so remove the need for further action.

The Intellectual Property Minister, Baroness Neville-Rolfe, said: “This service will give businesses more options on how to decide what to do prior to undertaking often costly legal proceedings.

“With limited time and money they can often find it hard to make an informed decision on whether to enforce or protect their intellectual property and this new service will be a welcome aid.”

The government is currently carrying out a public consultation on the proposals. We shall keep clients informed of developments.

Please contact Sarah Liddiard if you would like more information about the issues raised in this article or any aspect of intellectual property law.