Tender

Statutory Damages Research

INTELLECTUAL PROPERTY OFFICE

This public procurement record has 2 releases in its history.

Tender

09 Dec 2021 at 16:25

Tender Notice
Tender

01 Dec 2021 at 14:05

Tender Notice
Summary of the contracting process

The Intellectual Property Office is initiating a tender for "Statutory Damages Research," aimed at reviewing methods of legal recourse for intellectual property infringement. This procurement falls under the legal services industry category and is located in Newport, Wales. The tender is currently in the active stage, with applications due no later than noon on 17 December 2021. The overall contract is valued at £30,000 and is scheduled to commence on 27 January 2022, concluding on 31 May 2022. This process is conducted under an open procurement method, allowing for wide participation.

This tender presents an excellent opportunity for businesses specialising in legal advisory services and patent and copyright consultancy to grow. Companies with experience in intellectual property law, particularly those capable of conducting comprehensive reviews and analyses of statutory damages regimes, will find this opportunity well-suited to their capabilities. The successful bidders will not only contribute to impactful legal research but also solidify their position within the public sector, enhancing their prospects for future contracts.

Find more tenders on our Open Data Platform.
How relevant is this notice?

D3 Tenders Premium

Win More Public Sector Contracts

AI-powered tender discovery, pipeline management, and market intelligence — everything you need to grow your public sector business.

Start Free Trial Book a Demo
All Features Pricing

Notice Information

Notice Title

Statutory Damages Research

Notice Description

Background In our IP Enforcement 2020 Strategy, we committed to reviewing existing methods of legal recourse for IP infringement to ensure they are effective, consistent, and proportionate. In 2019 the IPO brought together a group of IP professionals and formed the Enforcement Framework Working Group to undertake the review and to help us target the right areas for further research. Specification Outline - Statutory Damages At present, a rights holder who has had its rights infringed and who seeks financial redress may, once liability is established, elect between two alternative financial remedies - an inquiry as to damages or an account of profits. The rights holder is not entitled to both. This election may sometimes involve a difficult choice and, once made, the rights holder must then either prove the level of damage suffered or otherwise establish the extent to which the defendant profited from the infringement. The working group suggested the introduction of an additional (and non-mandatory) option in the UK for calculating financial remedies, in the form of a statutory damages regime. The working group believed that this could provide greater flexibility, potentially lead to time and cost savings for the rights holder (and also for the court system), and may promote improved access to justice overall. It was noted that other jurisdictions (ranging from those in the EU - Bulgaria and Lithuania - as well as the USA, Canada, China, Singapore, Israel and Russia) have a statutory damages regime. The potential introduction of a statutory damages regime was therefore explored in the call for evidence and a recommendation was made in the Government's response to the call for evidence. In the call for evidence, the majority of responses on this section came from legal professionals and representative groups. The majority of responses from legal professionals and representative groups felt it would be beneficial to have further research and a separate review should be conducted. Of the individual rights holders that responded the majority felt that statutory damages were a good idea. They felt the positives of statutory damages would far outweigh any negative effects of their introduction. The consensus was that the provision of statutory damages should be explored in more detail. How to Apply Organisations interested in delivering the above services, should register on the IPO e-procurement portal (https://ipo.force.com/s/Welcome) by clicking through the 'View Published Opportunities' and clicking the 'Register Interest' button. Registration on the system may be required if you are a new supplier to the IPO e-portal system. Associated Invitation to Tender (ITT) documentation is now available for bidding organisations to access. Completed ITT submissions must be returned via the IPO e-portal no later than noon (12:00), Thursday 23 December 2021.

Notice Details

Publication & Lifecycle

Open Contracting ID
ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a
Publication Source
Contracts Finder
Latest Notice
https://www.contractsfinder.service.gov.uk/Notice/987a0cb5-2d95-4fc4-a7e2-4b40703c3c7c
Current Stage
Tender
All Stages
Tender

Procurement Classification

Notice Type
Tender Notice
Procurement Type
Standard
Procurement Category
Not specified
Procurement Method
Open
Procurement Method Details
Open procedure (below threshold)
Tender Suitability
SME, VCSE
Awardee Scale
Not specified

Common Procurement Vocabulary (CPV)

CPV Divisions

79 - Business services: law, marketing, consulting, recruitment, printing and security

CPV Codes

79100000 - Legal services

79111000 - Legal advisory services

79120000 - Patent and copyright consultancy services

Notice Value(s)

Tender Value
£30,000 Under £100K
Lots Value
Not specified
Awards Value
Not specified
Contracts Value
Not specified

Notice Dates

Publication Date
9 Dec 20214 years ago
Submission Deadline
23 Dec 2021Expired
Future Notice Date
Not specified
Award Date
Not specified
Contract Period
4 Feb 2022 - 31 May 2022 1-6 months
Recurrence
Not specified

Notice Status

Tender Status
Active
Lots Status
Not Specified
Awards Status
Not Specified
Contracts Status
Not Specified

Buyer & Supplier

Contracting Authority (Buyer)

Main Buyer
INTELLECTUAL PROPERTY OFFICE
Contact Name
Available with D3 Tenders Premium →
Contact Email
Available with D3 Tenders Premium →
Contact Phone
Available with D3 Tenders Premium →

Buyer Location

Locality
NEWPORT
Postcode
NP10 8QQ
Post Town
Newport
Country
Wales
Major Region (ITL 1)
TLL Wales
Basic Region (ITL 2)
TLL5 South East Wales
Small Region (ITL 3)
TLL54 Monmouthshire and Newport
Delivery Location
TLL Wales
Local Authority
Newport
Electoral Ward
Tredegar Park and Marshfield
Westminster Constituency
Newport West and Islwyn

Further Information

Open Contracting Data Standard (OCDS)

View full OCDS Record for this contracting process

Download

The Open Contracting Data Standard (OCDS) is a framework designed to increase transparency and access to public procurement data in the public sector. It is widely used by governments and organisations worldwide to report on procurement processes and contracts. 

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a-2021-12-09T16:25:19Z",
    "date": "2021-12-09T16:25:19Z",
    "ocid": "ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a",
    "language": "en",
    "initiationType": "tender",
    "tender": {
        "id": "CF-0028300D1r000001nvObEAI2",
        "title": "Statutory Damages Research",
        "description": "Background In our IP Enforcement 2020 Strategy, we committed to reviewing existing methods of legal recourse for IP infringement to ensure they are effective, consistent, and proportionate. In 2019 the IPO brought together a group of IP professionals and formed the Enforcement Framework Working Group to undertake the review and to help us target the right areas for further research. Specification Outline - Statutory Damages At present, a rights holder who has had its rights infringed and who seeks financial redress may, once liability is established, elect between two alternative financial remedies - an inquiry as to damages or an account of profits. The rights holder is not entitled to both. This election may sometimes involve a difficult choice and, once made, the rights holder must then either prove the level of damage suffered or otherwise establish the extent to which the defendant profited from the infringement. The working group suggested the introduction of an additional (and non-mandatory) option in the UK for calculating financial remedies, in the form of a statutory damages regime. The working group believed that this could provide greater flexibility, potentially lead to time and cost savings for the rights holder (and also for the court system), and may promote improved access to justice overall. It was noted that other jurisdictions (ranging from those in the EU - Bulgaria and Lithuania - as well as the USA, Canada, China, Singapore, Israel and Russia) have a statutory damages regime. The potential introduction of a statutory damages regime was therefore explored in the call for evidence and a recommendation was made in the Government's response to the call for evidence. In the call for evidence, the majority of responses on this section came from legal professionals and representative groups. The majority of responses from legal professionals and representative groups felt it would be beneficial to have further research and a separate review should be conducted. Of the individual rights holders that responded the majority felt that statutory damages were a good idea. They felt the positives of statutory damages would far outweigh any negative effects of their introduction. The consensus was that the provision of statutory damages should be explored in more detail. How to Apply Organisations interested in delivering the above services, should register on the IPO e-procurement portal (https://ipo.force.com/s/Welcome) by clicking through the 'View Published Opportunities' and clicking the 'Register Interest' button. Registration on the system may be required if you are a new supplier to the IPO e-portal system. Associated Invitation to Tender (ITT) documentation is now available for bidding organisations to access. Completed ITT submissions must be returned via the IPO e-portal no later than noon (12:00), Thursday 23 December 2021.",
        "datePublished": "2021-12-01T14:05:57Z",
        "status": "active",
        "classification": {
            "scheme": "CPV",
            "id": "79100000",
            "description": "Legal services"
        },
        "additionalClassifications": [
            {
                "scheme": "CPV",
                "id": "79111000",
                "description": "Legal advisory services"
            },
            {
                "scheme": "CPV",
                "id": "79120000",
                "description": "Patent and copyright consultancy services"
            }
        ],
        "items": [
            {
                "id": "1",
                "deliveryAddresses": [
                    {
                        "postalCode": "NP10 8QQ"
                    },
                    {
                        "region": "Wales",
                        "countryName": "United Kingdom"
                    },
                    {
                        "postalCode": "NP10 8QQ"
                    },
                    {
                        "region": "Wales",
                        "countryName": "United Kingdom"
                    }
                ]
            }
        ],
        "value": {
            "amount": 30000,
            "currency": "GBP"
        },
        "procurementMethod": "open",
        "procurementMethodDetails": "Open procedure (below threshold)",
        "tenderPeriod": {
            "endDate": "2021-12-23T12:00:00Z"
        },
        "contractPeriod": {
            "startDate": "2022-02-04T00:00:00Z",
            "endDate": "2022-05-31T23:59:59+01:00"
        },
        "suitability": {
            "sme": true,
            "vcse": true
        },
        "documents": [
            {
                "id": "1",
                "documentType": "tenderNotice",
                "description": "Opportunity notice on Contracts Finder",
                "url": "https://www.contractsfinder.service.gov.uk/Notice/f4bfdc57-2658-44c3-88d7-c07861d527b0",
                "datePublished": "2021-12-01T14:05:57Z",
                "format": "text/html",
                "language": "en"
            },
            {
                "id": "2",
                "description": "20211201-C1892_ITT Specification for Statutory Damages Research",
                "url": "https://atamis-2198.cloudforce.com/sfc/p/1r000001nvOb/a/4J000000cq8f/8bRHoCfaygqp9bxD2hMlKey67_ipt6wwle1Kj_tzGYY"
            },
            {
                "id": "3",
                "description": "20211201-C1892_ITT Procurement Timetable",
                "url": "https://atamis-2198.cloudforce.com/sfc/p/1r000001nvOb/a/4J000000cq9B/G_EAnL00CxEVX1vcyNGAawlq_EAAhtACyenKyXWOYSk"
            },
            {
                "id": "4",
                "documentType": "tenderNotice",
                "description": "Opportunity notice on Contracts Finder",
                "url": "https://www.contractsfinder.service.gov.uk/Notice/987a0cb5-2d95-4fc4-a7e2-4b40703c3c7c",
                "datePublished": "2021-12-01T14:05:57Z",
                "dateModified": "2021-12-09T16:25:19Z",
                "format": "text/html",
                "language": "en"
            },
            {
                "id": "5",
                "description": "20211209-C1892_ITT Procurement Timetable V2",
                "url": "https://atamis-2198.cloudforce.com/sfc/p/1r000001nvOb/a/4J000000cqWi/Ro6Wict_jL8rU8zyvpnE4ZSm9HeMYHU7WYlxINwcdZQ"
            }
        ]
    },
    "parties": [
        {
            "id": "GB-CFS-107495",
            "name": "Intellectual Property Office",
            "identifier": {
                "legalName": "Intellectual Property Office"
            },
            "address": {
                "streetAddress": "Cardiff Road",
                "locality": "Newport",
                "postalCode": "NP10 8QQ",
                "countryName": "GB"
            },
            "contactPoint": {
                "name": "IPO Procurement",
                "email": "procurement@ipo.gov.uk",
                "telephone": "03003002000"
            },
            "roles": [
                "buyer"
            ]
        }
    ],
    "buyer": {
        "id": "GB-CFS-107495",
        "name": "Intellectual Property Office"
    }
}