Scotland has always been the home to a wealth of innovative and creative talent; and the parallel creation of valuable Intellectual Property (IP) rights. Today, many Scots will celebrate the work of one particular talent, Robert Burns. But, as many raise a dram to Burns, our IP team also raise an alternative toast – one to the benefits of protecting and enforcing IP in Scotland.
We are regularly contacted by businesses, IP owners and lawyers from other jurisdictions asking when it is necessary (or tactically advantageous) to protect IP in Scotland. Often Scotland will be the only place to seek the correct and enforceable court order to stop IP infringements and the sale of counterfeits. Other times, it may be chosen as the forum for tactical reasons, due to the protection it can offer.
Benefits to IP owners
Although IP law is essentially the same UK-wide, Scotland is an independent jurisdiction with a separate IP court and its own IP judges who have a track record of issuing commercial, IP-friendly decisions. The time from raising an action to judgment, and the costs involved in doing so, compare favourably in Scotland to many other jurisdictions, including England and Wales. Scotland also has the unique tool of caveats which can protect against interim interdicts (injunctions) being granted without notice – often a key weapon in IP disputes.
We will let readers get on with their celebrations for now but, once the festivities are over, please see our Handy Guide for Protecting Your Intellectual Property in Scotland. If you have any questions about IP protection in Scotland, please contact the Brodies team.