Protecting creativity: the new small claims track

If you find that your work has been reproduced without your permission then help could be at hand through the small claims track of the Patents County Court (PCC).

Introduced in October 2012, the small claims track provides a way for you to pursue basic IP disputes through an informal hearing and without having to seek legal representation.

If your case involves a copyright, trade mark or an unregistered design right dispute then you could claim for damages of up to £5000.

In addition to making it quicker and easier, the cost of pursuing an infringement is also expected to be significantly reduced; from as little as £35 for a claim of £300 or less, right up to £120 for a claim worth between £3000 and £5000.

Though it is also worth bearing in mind that if your case is deemed too complex for the small claims track (regardless of the value of your claim) then it may be reallocated to the PCC multi-track and it could become more costly.

While there is no doubt that the small claims track is a positive development for rightsholders, it is still a relatively new one. DACS will be watching the process closely over the next few months and reporting on interesting cases as they occur.

Find out more about the small claims track 

Read our Frequently Asked Questions on copyright and protecting your work

Photo: Betsie van de Meer. © Brian Benson 2013