Introduction

The quality of justice for brand owners could rise following new measures paving the way for the appointment of more specialist trade mark judges.

Proposals for the unification of the English civil court system may also boost brand owners’ rights, with a potentially broader pool of specialist trade mark advocates.

The British government recently announced the plans as part of an overall review on access to and quality of justice in England and Wales. Although the benefits are aimed at a wider audience, brand owners in particular can expect to profit from the impending changes to the judiciary, and, if adopted, the proposed new civil court.

Legislation is expected to be laid before Parliament soon, allowing trade mark attorneys and patent attorneys to apply for judicial appointment for the first time. Previously, such positions were reserved to barristers and solicitors. However, with increasing numbers of talented young people choosing the patent and trade mark professions instead of general law firms or the bar, the harnessing of their abilities and experience for the benefit of litigants has become key, and is seen as bringing valuable new specialist insight and knowledge to the courts for the benefit of trade mark litigants.

Proposals for the unification of the English civil court system are still in the consultation stage. However, if implemented they may result in the simplification of the current complex and multi-tiered regime. For trade mark owners, the primary immediate effect would be that first-instance actions would be brought in the new civil court, rather than in the Patents County Court or the High Court. Although streamlined procedure would likely still be available for appropriate cases, it would no longer be necessary to choose between courts with different structures, judges and experience.

Existing rights of audience of trade mark attorneys in the Patents County Court would likely be extended to trade mark matters in the new civil court, and, depending on the approach adopted, could be extended to cases which currently must be advocated by a barrister or solicitor-advocate. Such a move could enhance the ability of brand owners to litigate cost-effectively and to maintain a compact and effective legal team from issue straight through to trial.

Cost-effective and legally effective enforcement are at the heart of industry’s brand protection strategies. The reforms underway and in the pipeline show that the British government is listening, and responding.