Five pre-action protocols are mooted in IP revamp

INTELLECTUAL PROPERTY: top lawyers propose new system

Plans for five separate intellectual property (IP) pre-action protocols have been unveiled by a heavyweight committee of experts.The committee - chaired by Richards Bulter partner Michael Skrein - has proposed protocols for: breach of confidence; copyright and unregistered design right; passing off (where no registered trade mark is at issue); patent and registered design; and registered trade marks.The committee concluded that separate pre-action protocols were suitable for this area of law because a single protocol would be too complex.

Mr Skrein explained: 'The causes of action are so different.'The committee also had to take into account the fact that 'threats actions' are relevant in some areas of IP law, such as patents and trade marks, but not others.

These are actions that can be brought against a rights owner who accuses another party of infringing his rights.Other members of the committee included Denton Wilde Sapte partner Clive Thorne, David Attfield of Lovells, BBC solicitor Elizabeth Gibson, High Court judge Sir Hugh Laddie, and two representatives from both the Lord Chancellor's Department and the Patent Office.Mr Skrein said the Law Society had initially approached him to set up the committee.

He added: 'The aim is to devise a system which will be user-friendly and comprehensive.

We need something which is easy to follow and effective.'There are currently five protocols in force: personal injury, clinical negligence, construction and engineering, defamation, and professional negligence.LINKS: The protocols can be found at: www.richardsbutler.comNeil Rose