A leading firm of intellectual property specialists is urging West Midlands business to take advantage of new patent legislation that has come into force.

Birmingham- based IP specialists Forresters said the latest Patents County Court Order will give smaller businesses easier and less costly access to justice in protecting copyright and trademarks.

As part of the change in the law, lower value IP cases will be dealt with at the Patents County Court (PCC) with a new damages cap of £500,000 for all claims to the PCC. The new law clarifies that the damages cap applies also to proceedings involving copyright and trade marks - a similar rule for patent cases came into effect in June of this year.  Although the limit can be increased, both parties have to agree.

Matthew Shaw, a partner based in Forresters' Birmingham offices, believes the legislation will hugely benefit smaller businesses who may in the past have struggled to meet the court costs necessary to protect their intellectual property.

"This will put SMEs on an equal footing with larger companies and should give them the confidence to stand up and enforce their IP," he said.

"The aim of the legislation is to make the justice system more accessible to small businesses, and we believe it is the right encouragement. Many SMEs have had a fear of High Court costs, and rightfully so, with a recent review showing that one in five SMEs had abandoned attempts to enforce rights to the financial risks.

"We would urge any SMEs who have in the past been unwilling or unable to discuss protecting their intellectual property in court, to seek professional advice as soon as possible. At Forresters we have many years of experience in patent and trade mark law, representing small and medium sized business across a wide spectrum of sectors."

Forresters is one of the leading intellectual property law firms in the UK, working with professionals such as scientists, engineers, researchers and designers, to protect their ingenuity from a commercial perspective whilst providing legal recognition of innovations, brand names or logos, and designs.

Mr Shaw added: "The changes will provide clarity in the legal process, reduce the involvement of middle men such as barristers and solicitors, and allow the specialists to prepare the case. All the court paperwork and discussion is done beforehand ensuring the process is streamlined and that a judge can make a quick decision.

"The legislation will also give smaller businesses a clear idea of the rights available to them."

The new legislation follows the Hargreaves Review of Intellectual Property and Growth, which confirmed that some smaller firms are put off taking action because cases could end in the High Court.

Under the changes, a damages cap of £500,000 has been brought in for all claims in the PCC. It means lower value, less complex cases, normally involving small businesses will automatically fall within the jurisdiction of the PCC.

Mr Shaw said: "Whereas in the past a case may have gone to the High Court with potentially astronomic costs, under the new legislation it can be heard at the PCC for a fraction of that.

"The bottom line is that strong IP rights can be meaningless if you do not have the money to go to court - now the process has been opened to ensure that every business can afford their right to intellectual property protection without having to go to the High Court."