--- title: "Statutory Damages Research" ocid: "ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a" canonical_url: "https://d3tenders.com/contract/?ocid=ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a" markdown_url: "https://d3tenders.com/contract/ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a.md" json_url: "https://d3tenders.com/contract/ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a.json" source: "Contracts Finder" current_stage: "Tender" buyer: "INTELLECTUAL PROPERTY OFFICE" published: "2021-12-09" --- # Statutory Damages Research Buyer: INTELLECTUAL PROPERTY OFFICE Current stage: Tender OCID: ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a [View canonical contract page](https://d3tenders.com/contract/?ocid=ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a) [Download OCDS JSON](https://d3tenders.com/contract/ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a.json) ## Summary 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. ## Notice 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. ## Key Details | Field | Value | | --- | --- | | Publication source | Contracts Finder | | Latest notice | https://www.contractsfinder.service.gov.uk/Notice/987a0cb5-2d95-4fc4-a7e2-4b40703c3c7c | | 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 | | All stages | Tender | ## Dates | Field | Value | | --- | --- | | Publication date | 9 Dec 2021 | | Submission deadline | 23 Dec 2021 | | Future notice date | Not specified | | Award date | Not specified | | Contract period | 4 Feb 2022 - 31 May 2022 | | Recurrence | Not specified | ## Values | Field | Value | | --- | --- | | Tender value | £30,000 | | Lots value | Not specified | | Awards value | Not specified | | Contracts value | Not specified | ## Status | Field | Value | | --- | --- | | Tender status | Active | | Lots status | Not specified | | Awards status | Not specified | | Contracts status | Not specified | ## Buyer | Field | Value | | --- | --- | | Main buyer | INTELLECTUAL PROPERTY OFFICE | | Locality | NEWPORT | | Post town | Newport | | Postcode | NP10 8QQ | | Country | Wales | | ITL 1 | TLL Wales | | ITL 2 | TLL5 South East Wales | | ITL 3 | TLL54 Monmouthshire and Newport | | Local authority | Newport | | Electoral ward | Tredegar Park and Marshfield | | Westminster constituency | Newport West and Islwyn | | Delivery location | TLL Wales | ## CPV Codes ### Divisions - 79 - Business services: law, marketing, consulting, recruitment, printing and security ### Codes - 79100000 - Legal services - 79111000 - Legal advisory services - 79120000 - Patent and copyright consultancy services ## Release History - 9 Dec 2021 at 16:25 - Tender - Tender Notice - https://www.contractsfinder.service.gov.uk/Notice/987a0cb5-2d95-4fc4-a7e2-4b40703c3c7c - 1 Dec 2021 at 14:05 - Tender - Tender Notice - https://www.contractsfinder.service.gov.uk/Notice/f4bfdc57-2658-44c3-88d7-c07861d527b0 ## Documents - https://www.contractsfinder.service.gov.uk/Notice/987a0cb5-2d95-4fc4-a7e2-4b40703c3c7c 9th December 2021 - Opportunity notice on Contracts Finder - https://www.contractsfinder.service.gov.uk/Notice/f4bfdc57-2658-44c3-88d7-c07861d527b0 1st December 2021 - Opportunity notice on Contracts Finder - https://atamis-2198.cloudforce.com/sfc/p/1r000001nvOb/a/4J000000cq8f/8bRHoCfaygqp9bxD2hMlKey67_ipt6wwle1Kj_tzGYY 20211201-C1892_ITT Specification for Statutory Damages Research - https://atamis-2198.cloudforce.com/sfc/p/1r000001nvOb/a/4J000000cq9B/G_EAnL00CxEVX1vcyNGAawlq_EAAhtACyenKyXWOYSk 20211201-C1892_ITT Procurement Timetable - https://atamis-2198.cloudforce.com/sfc/p/1r000001nvOb/a/4J000000cqWi/Ro6Wict_jL8rU8zyvpnE4ZSm9HeMYHU7WYlxINwcdZQ 20211209-C1892_ITT Procurement Timetable V2 ## Notice URLs - https://ipo.force.com/s/Welcome ## Provenance This Markdown file is an alternate public rendering of the D3 Tenders contract record. The canonical page is https://d3tenders.com/contract/?ocid=ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a. The underlying structured data is available as OCDS JSON at https://d3tenders.com/contract/ocds-b5fd17-a7cf9c03-f64e-49de-b47f-b9ab55917e0a.json.