ARTICLE
14 December 2006

Representative Actions

L
Linklaters

Contributor

On 26 September, the Patent Office launched a consultation on the introduction of representative actions for the enforcement of intellectual property rights.
UK Intellectual Property
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On 26 September, the Patent Office launched a consultation on the introduction of representative actions for the enforcement of intellectual property rights. This has been prompted by Article 4 of the Intellectual Property Enforcement Directive (2004/48/EC) which sets out that persons entitled to apply for the remedies set out in the Directive must include, as well as right-holders and licensees, collective rights management bodies and professional defence bodies. When the directive was implemented in the UK, through the Intellectual Property (Enforcement etc) Regulations, Article 4 was not included and the Patent Office announced that it would be conducting a public consultation on the issue. It has now done so.

The aim of the consultation is to establish whether representative actions will provide real benefits, particularly for SME's, in terms of litigation costs while not encouraging inappropriate litigation. The consultation will end on 18 December.

This article is intended merely to highlight issues and not to be comprehensive, nor to provide legal advice. Should you have any questions on issues reported here or on other areas of law, please contact one of your regular contacts at Linklaters.

ARTICLE
14 December 2006

Representative Actions

UK Intellectual Property

Contributor

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