Dispute Resolution

Scotland has always punched above its weight when it comes to innovation and the creation of valuable IP rights. Many Scots and their friends all over the world will today be celebrating and raising a toast to Burns Day – indeed I am look forward to doing that after work this evening.

A Burns day toast to protecting IP in Scotland

Whilst whisky, haggis and Burns poetry should be at the forefront of those celebrations with the pipes playing in the background, the long standing Scots IP lawyer in me wants to raise an alternative “legal” toast to highlight the benefits of protecting and enforcing IP in Scotland.

We are regularly contacted by businesses, IP owners and foreign lawyers about when it is necessary or tactically advantageous to protect IP in Scotland. Often Scotland can be the only place to obtain the correct and enforceable court order to stop IP infringement and the sale of counterfeits.

Benefits to IP owners

Although IP law is essentially the same across the UK, Scotland is an independent jurisdiction with separate IP court rules and IP judges who have built up a track record of providing commercial IP friendly decisions. The time scales to judgement and costs involved in Scotland compare favourably to many jurisdictions, including England. We also have a unique legal tool known as caveats which can protect against without notice interim interdicts (injunction) being granted, which are a key weapon in IP disputes and readily available in Scotland.

Free Handy Guide

Rather than distract blog readers too much from celebrating Burns Day today, please see (or keep for later reference!) our Handy Guide to Protecting Your Intellectual Property in Scotland. If you have any questions about IP protection in Scotland please contact me or one of my team.

On a non-legal note, for those looking for more ideas on how to celebrate Burns Day and information on the Scottish bard click here

 

 

Robert Buchan

Partner at Brodies LLP
Robert has extensive experience in dealing with and resolving all types of IP, IT and technology related disputes across a wide variety of sectors with particular in depth expertise in luxury brands, food and drink, fashion, oil and
gas technologies and pharmaceuticals.
Robert Buchan