UKIPO issues new Civil Procedure Rules guidance

Published September 3, 2024

The UK Intellectual Property Office (UKIPO) has today issued new guidance reminding legal professionals of their obligation under the Civil Procedure Rules (CPR) to notify the UKIPO of new court cases started in the UK courts, which involve registered intellectual property (IP) rights.

Estimates by the UKIPO suggest that out of 200-250 such cases each year, only around 20% are typically reported.

It is crucial that these notifications are made promptly to ensure that any potential changes to the IP register are accurately reflected and that the UKIPO can participate in cases where appropriate.

The guidance clarifies when and how to notify the UKIPO of new cases involving patents, trademarks, supplementary protection certificates, and registered designs.

The UKIPO urges all legal professionals and representatives involved in IP litigation to review this guidance and take steps to ensure they comply going forward.

Proper notification not only fulfills a legal obligation but also helps protect cases from any potential procedural issues.

James Porter, the UKIPO’s Chief Hearing Officer, said: “Keeping the IPO informed about court cases involving registered IP rights is vital for ensuring the IP register remains accurate and up to date. Timely reporting is not just a procedural step; it helps prevent potential negative impacts on your case while ensuring that important legal issues are properly managed.”

Further details including information about how to notify the UKIPO of a case can be found HERE.

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