The Call for Evidence sought views on the cost and effectiveness of judicial processes when protecting IP rights in the UK. The consultation ran from 5 October 2020 to 9 November 2020 and received 88 responses.

In its response, the Government identified the main themes from the responses as:

• the transparency of court proceedings, both regarding the information available to the public about judgments, and the quality and provision of guidance;
• the level of damages available; and
• the application process when making a claim.

The Government says that it is developing a new IP enforcement strategy for publication in 2021 and these themes will be considered further as part of that work.

In the meantime, the Government recognises that there are straightforward improvements it can make to improve rights holders’ experiences when using the IP framework. This work will be taken forwards in parallel with the new strategy development.

The steps the Government will take include:

• working with MOJ and HMCTS to consider the feedback received and identify where service improvements to the IP courts can be made; where appropriate, this may also include discussions regarding the publication of judgments;
• developing a project to streamline the available guidance for IP court users which is currently on several different government websites to make it easier for users to find information on available services and what to do if they believe their IP is being infringed;
• developing a project to raise awareness of the full range of options available to rights holders when they have an infringement issue, including alternative dispute resolution, such as mediation; developing clear guidance on the mediation process, including which parts can be made public;
• carrying out research on statutory damages, which may include a comparative study of current regimes in similar common law countries; considering the impact the regime has had on the enforcement of IP rights and what statutory damages might look like for the UK; and
• carrying out further work to assess whether registered designs should be included in the small claims track of IPEC.

To access the full response, click here.