Gloom shines a light on IP protection

The number of intellectual property disputes making it to court has almost doubled, as tougher conditions compel owners into immunising the lifeblood of their business.



Cases involving patents, trademarks and copyright, which protect unique assets, leapt in 2007 to 422, up from 230 a year earlier, according to the latest judicial statistics.



The biggest rise was in cases involving 'passing off' claims, where the unauthorised use of look, style or brand was alleged, followed by cases of trademark infringement.



Supporting figures from the Patents Court reveal claims over patents and registered designs increased 95% while copyright and design right cases were up 43%.



Although both economic and business conditions have deteriorated since the figures were collected, IP lawyers say disputes have risen even further in the last few months.



Recent inquiries to IP21, an intellectual property advisory, have reportedly spiked thanks to firms "looking over their shoulder" to "enforce their rights" against rivals.



Illustrating the scale of the challenges to the Financial Times, the firm's director Tom Farrand said English and Welsh courts devote two days a month to trademark claims.



However, observers point out that IP cases normally filter through to the courts more quickly than other types of claims because copied products warrant immediate action.



Law firm EMW Picton Howell maintained that as the economy stalls, employers are more aggressively protecting what is in effect the lifeblood of their business.



Mark Finn, its IP specialist, reportedly said many claims centred on data theft or recovery for recruitment companies, after their employees copied or stole contacts from their database.



Industry experts also attribute the rising number of IP disputes to greater awareness of the protections available on the part of company owners, thanks to the UK Intellectual Property Office and Business Link.