The UK Patent Office is consulting on a major European initiative that could change the balance of power in intellectual property (IP) disputes by permitting trade associations and enforcement bodies to bring civil proceedings. The consultation was released on 26 September and could result in associations being able to enforce private IP rights.
English law has always been reluctant to allow strangers to become involved in legal proceedings. In relation to private rights, it has typically only been the person damaged by the relevant act who can bring the claim, and in public law matters some interest has to be established to give locus standi. However, there is a view in Europe that claims can be best pursued by representative bodies, rather than the person directly affected.
