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Proceeding contribution from Lord Young of Norwood Green (Labour) in the House of Lords on Tuesday, 29 March 2011. It occurred during Debates on delegated legislation on Patents County Court (Financial Limits) Order 2011.


Patents County Court (Financial Limits) Order 2011

My Lords, we, too, welcome the proposed legislation. I reflected as the noble Baroness moved the legislation that—if I may paraphrase—justice overpriced is justice denied. The report of Lord Justice Jackson provides welcome assistance to SMEs by reducing the cost of protecting patents and designs in disputes and by allowing claims of up to £500,000, excluding interest, to be heard in patent courts. It is a pity that we will need further secondary legislation to include IP rights such as copyrights and trademarks. It is a shame that this could not be done in parallel legislation. Perhaps that would not have been possible, but I would welcome an explanation of why there has been a delay and why we could not do both at the same time, given the importance of these areas. I, too, welcome the Minister’s comments on intellectual property insurances. Again, if that helps SMEs and entrepreneurs, it will be valuable. I have a concern about the post-implementation review. Three years is a long time. Perhaps some consideration could be given to shortening that period. After two years a fair body of evidence should be available. Again, I do not know how practical that is. I concur with the noble Lord, Lord Cotter, on the importance of communicating these important changes to SMEs. With those comments and questions, I, too, welcome the proposed legislation.


Secondary information

Type
Proceeding contribution
Reference
726 c152-3GC 
Session
2010-12
Chamber / Committee
House of Lords Grand Committee
Subjects
Damages Costs Business Civil proceedings County courts Copyright Intellectual property Patents Small businesses Trade marks
Legislation
Patents County Court (Financial Limits) Order 2011
Link
View this Proceeding contribution on www.publications.parliament.uk