FAQs

1.      What are these claims about?

We are seeking justice and compensation for all affected who have suffered serious financial loss and who never gave their fully informed consent to the making or receipt of payments to their lawyers.

2.      Who are CPA Global/Clarivate?

CPA Global is an international IP management firm serving law firms and corporate customers. It was acquired by NYSE-listed Clarivate in 2020 and now trades under the name Clarivate.

3.      What is the relationship between these IP law firms and CPA Global/Clarivate?

IP rights such as patents and trade marks require periodic renewal in each jurisdiction in which they are registered. Renewals can, for several countries, be paid direct to the relevant renewal authority though there are still many countries in which renewals can only be managed through a local agent. Many IP owners prefer to have their renewals handled by their IP firm or by specialist renewal providers.

There are many IP firms who act for clients in the registering of IP rights but choose not to provide a renewals service and instead refer clients to CPA Global. We believe that many of these firms received payments from CPA Global for referring clients and that the firms never obtained fully informed consent from their clients for such payments.

4.      What is allegedly unlawful about this?

Firms owe duties of loyalty and disclosure to their clients. Commission payments from third parties are only permissible if they are disclosed to and approved by the client, which was not the case.

5.      How long have affected businesses been overcharged for?

We understand that in 1969, partners from several IP law firms came together to form a company, based in Jersey, which has since become CPA Global. The creation of CPA Global allowed the founder firms to transfer away the risks and costs associated with IP renewal services, by referring their clients’ IP rights renewal work to CPA Global.  

The founder firms wanted, however, to continue making a profit from IP renewal work, despite transferring away the work and risk, and so instituted a system of payments every time a renewal was carried out.

6.      If this began in 1969, are businesses still eligible to claim?

Yes. While the statute of limitations in England and Wales is normally six years from the time when the alleged action occurred, this only applies to cases where claimants could have been aware of the circumstances giving rise to a claim.

We believe that CPA Global deliberately concealed their actions from their clients who naturally placed trust in them and their own IP lawyers. As such, we do not believe any of these claims will be time barred.

7.      How long can claims take?

The length of time that legal proceedings take varies depending on the procedural steps required and the Court timetable. Defendants can be expected to do everything possible to derail proceedings, or that fails, delay trial for as long as possible. That said, claims can settle as happened with Marks & Clerk LLP - Read More

8.      What do affected businesses have to do to join future claims?

At this stage, it would be helpful if you simply Register your interest 

Claims will be handled by Commission Recovery Limited who, assisted by their legal counsel Signature Litigation, will be seeking the Court’s permission to act as a Representative Claimant so that the issues can be dealt with as cost effectively as possible.
Register your interest 

9.      What will it cost affected businesses to join a claim?

Nothing. Commission Recovery Limited will aim to obtain third party litigation funding to pursue recovery by means of a Representative Action.

Litigation funding provides access to justice for claims like this, where affected businesses often cannot afford to bring legal action individually.

10.      If I register with Commission Recovery Limited, does this void my contract with either Marks & Clerk or CPA Global?

Registering with Commission Recovery Limited should not affect your existing contracts with your IP law firm or CPA Global/Clarivate, and you are of course free to continue to use their services if you so wish.

11.      Why is there a particular focus on SMEs?

The payments scheme that was put in place particularly exploits the vulnerabilities of SMEs, who so depend on their trusted advisors to act in their best interests. Further, SMEs would simply not have the means to pursue legal recourse against such large organisations.

12.      Why is it important to bring this issue to light?

Cash flow has always been a common problem for SMEs, but more so as a result of the pandemic, where many are struggling to stay afloat. Being overcharged and paying inflated fees could seriously endanger the survival of affected SMEs.

It is important to bring this issue to light not only to seek redress on behalf of affected SMEs, but to prevent the future exploitation of vulnerable businesses by some IP law firms and CPA Global.

13.      What is a representative action?

A representative action offers an efficient and cost-effective route to a Court decision. It is a type of collective action where the representative claimant brings a claim on behalf of a group of people with a shared grievance or interest. This means that members of the class can have their claims determined by the Court without each member having to bring their own individual claim. 

Representative actions often allow SMEs and people to bring a claim against powerful organisations where they would not otherwise be able to. This means that the case has strength in numbers, and those affected do not have to do anything at this stage.