Small Businesses: Intellectual Property and Trade Marks
The question
To ask the Secretary of State for Science, Innovation and Technology, whether he plans to take steps to support small businesses whose intellectual property and trademarks are being challenged by large corporate firms; and to if he will make an assessment of whether legal fees for small businesses subjected to such unmeritorious claims should be routinely paid by the applicant where cases are successfully defended at Intellectual Property Office hearings.
Answered by Feryal Clark
The Government recognises the challenges faced by small businesses who become involved in litigation. Small businesses and unrepresented parties litigating at the IPO Tribunal have high levels of support available, including being able to email or phone expert staff directly, who can provide explanations and assistance. The Tribunal routinely awards costs in favour of the winning party, considering the merits of the case and the conduct of the parties. Costs are usually awarded on a standard scale but larger costs awards are made where appropriate. Claims which are totally without merit can also be struck out at an early stage.
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