Scottish Intellectual Property Law
While many issues with trademarks and copyrights within the UK fall under areas that must be litigated in either the Patents County Court or the High Court in London, there are some cases where an intellectual property dispute could be litigated under Scottish law. This may even be advantageous for litigants, so it is important to work with a knowledgeable advocate like Desmond Cheyne in order to fully understand what rights and protections come into play.
Intellectual property is an intangible asset that is extremely valuable for many businesses and individuals throughout the UK. It can govern brand names, business plans, technology, processes and practices. Many businesses view certain items of intellectual property as key to their operations, and could suffer serious losses if those pieces of property were not protected. It is also a big industry, with £137bn being invested in intellectual property in the UK in 2008. This is significantly less than the £104bn invested in fixed assets in the same year.
When a company is based in Scotland, there are many possible solutions to IP issues that arise. The Court of Session is a venue for IP disputes, dealing with the majority of those arising in Scotland, or in other areas of the UK when a Scottish-based business is involved. When there is an issue of patent validity or infringement under UK or European law, then the Court of Session is the court to exclusively deal with such matters in Scotland. This includes Community trade marks and design rights as well. Other IP disputes, like copyright and passing off, can be handled in local sheriff courts, which are like the English county courts and have a jurisdictional scope that is more limited. The litigation of IP disputes in Scotland has grown in recent years, and the Court of Session has expanded to include six judges dealing with IP issues.
Individuals interested in finding out more about IP disputes can follow Desmond Cheyne online news in order to learn about current cases he handles involving these types of issues. He also is involved in a number of high value divorce cases, and handles contractual disputes under commercial law as well.