Figures released for intellectual property cases in High Court 2007
The Judicial and Court statistics have been released which highlights the trends in all areas of law throughout the judicial process. The findings can be seen at Judicial Stats but it does show that last year produced a significant increase in all aspects of intellectual property from 2006.
In particular passing off, confidential information, copyright, designs and patents cases all showed significant increases, an increase of 230 cases from 2006. Surprisingly the biggest increase was a rise in claims over unregistered rights or better known as passing off.
I say it is surprising as it is arguably the most difficult to prove and certainly the most expensive. The problem with passing off is establishing goodwill and reputation which can be in some circumstances prove to be very difficult.