Published on: 21 May 2025
Published by a Law360 reporter
However, practitioners argue the IPO must take additional steps to address acute delays, warning that slow action could imperil the UK’s standing as a beacon for soft IP disputes. Roland Mallinson, partner at Taylor Wessing LLP, cautioned that if the queue remains this lengthy, the UK risks forfeiting its reputation as a forum where inexpensive, rapid, fully reasoned and impartial rulings on IP disputes are available and can support resolution of wider geographic conflicts. The tribunal has been weighed down by a heavy caseload, especially after Brexit, when businesses filed a surge of applications to secure UK cover for their trade marks. That surge clogged the examination division, and matters deteriorated further when a wave of oppositions to those trade marks followed. Practitioners say the office must act faster and go beyond current plans to clear severe backlog and protect the UK’s lead in soft IP disputes...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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