Journal Article

Intellectual property disputes in Scotland

Robert Buchan and Gill Grassie

in Journal of Intellectual Property Law & Practice

Volume 6, issue 2, pages 120-127
Published in print February 2011 | ISSN: 1747-1532
Published online December 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq182
Intellectual property disputes in Scotland

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Legal Context

The UK substantive IP law applies UK wide including Scotland. However, Scotland is a separate legal jurisdiction within the UK with separate courts, judges and procedures. It is an alternative forum for IP litigation.

Key Points

This article highlights key unique features, advantages and disadvantages of IP litigation in Scotland. The aim is to provide IP practitioners/IP rights holders outside of Scotland and internationally with guidance about Scotland as a potential IP dispute resolution forum. In some cases Scotland can be the only or the most appropriate forum. The Scottish Courts has concurrent jurisdiction to deal with UK wide validity challenges to any registered UK IP and the ability to resolve UK wide infringement disputes. Interim injunctive (interdict) remedies are readily available and often lead to swift resolution of disputes. Scotland currently has four IP Judges and a track record of delivering commercial, practical and rights holder friendly results.

Conclusions

Although it may not be appropriate in every case, the possible alternative of using the Scottish Courts in IP disputes should be given consideration when selecting the best possible forum for the case concerned.

Journal Article.  5863 words. 

Subjects: Arbitration ; Intellectual Property Law

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