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October 21, 2022

Upholding the validity of IP small claims

Anthony Rosborough, Reagan Seidler
Intellectual property rights are only meaningful if they can be enforced. But litigation is expensive and complex. Where does this leave rights owners dealing with small-scale acts of infringement? In a new study for the Queen’s Law Journal, we explored whether small claims courts could be an answer to “negative-value suits” in the IP space (i.e. when the cost of litigation is greater than the value of the judgment). Despite the relative novelty of IP small claims, our findings confirm these forums have wide jurisdiction over infringement matters, and are often well-positioned to resolve IP law questions, notwithstanding that such cases are rare. For this year’s Access to Justice week, we highlight one often-overlooked strategy for cost-effective enforcement.
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