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27 November 2008
Issue: 7347 / Categories: Legal News , Intellectual property
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IP claims leap

Intellectual Property

Companies are acting quicker and with greater regularity to protect their intellectual property rights.

According to judicial statistics, intellectual property claims made in the High Court have risen by 83% in the past year.

Passing off and trademark infringement claims have seen the biggest rise, leaping 136%, from 50 to 118 cases between 2006 and 2007.

Notably, claims involving confidential information jumped to 21 in 2007 from just three in 2006.

Mark Finn, intellectual property specialist at EMW Picton Howell, says that companies are becoming increasingly aware of the value of their products.

“Often the intellectual property will be the biggest single asset a company has. As businesses try to protect their profit margins and maintain market share as the economy slows, they try to be more prepared than in the good times to fight to defend their brands and other intellectual property rights against competitors,” he says.

Finn says that IP cases tend to feed through to the courts more quickly than other types of claims as companies have to act quickly

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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