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Disputes

Disputes

“Dignified” Semenya’s fight with IAAF marks the point where science, law and sport collide

Whenever South African athletics sensation Caster Semenya has faced a battle in her career, she has usually won - a list of sporting honours as long as your arm and a stream of beaten rivals is testament to that.

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Two of my favourite things: Mexican food and employment law...

Jennifer Skeoch

Until yesterday, Wahaca was best-known (to me at least) for its delicious tacos - and even more delicious mojitos. But after a customer (a former Labour leader of Camden Council) posted a tweet saying she had witnessed an “eat and run”, for which the waiter would need to pay out of his wages, the story went viral and Wahaca was criticised for financially penalising staff in this way.

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Wolves bite back in IP enforcement

For many football clubs, the team’s logo will often be one of its most valuable assets, becoming synonymous with the club itself.  It’s the image that’s plastered on everything from football strips to towels, from mugs to bedsheets. Fans wave flags with their team’s logo on match day and children cover their bedroom walls with posters of their favourite players.

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Me, My Selfie and IP

Social media has transformed the marketing landscape – providing the opportunity for brands to reach and interact with millions of potential customers with a single post. Even more transformative is that each and every individual customer with a social media presence is now a potential source of authentic and relatable advertising content. But, where a brand relies on user content for advertising, who owns the content?

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Every iCloud?

What happens to your digital assets when you die? This is probably not the first question that springs to mind when setting up your iCloud account.  However, in an age where more and more people are living their lives on the cloud, how to deal with an individual’s “digital legacy” is becoming an increasingly important – and complicated – issue.

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The fourth thing you need to know about enforcing IPR in Scotland: Cost and timescales

"How much will it cost and how long will it take?" If I had a £1 for every time a client asked me that at the commencement of a court action…

Of course, it is an entirely appropriate and reasonable question, which any sensible client should be asking before embarking on the litigation journey. Whilst you would be able to answer this question with laser precise accuracy in respect of English proceedings with the “benefit" of the Jackson costs budgeting reforms, you may be less clear of the position in Scotland.

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The third thing you need to know about enforcing IPR in Scotland: “Without prejudice” – not an open and closed case

Although almost all IP law is the same in Scotland as it is in the rest of the UK, there are areas of difference in procedure and evidence. An area that often causes some confusion amongst English IP litigators is the operation of the Scottish application of “without prejudice” privilege. No doubt many IP lawyers will send “without prejudice” correspondence across the Border, in both directions, without necessarily giving thought to the differences in the law of evidence between the two jurisdictions.

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The second thing you need to know about enforcing IPR in Scotland: Discovery vs Disclosure

One of the things that English based IP lawyers find most surprising about the court system in Scotland is that we have no equivalent to discovery. In this jurisdiction there is no blanket obligation on a party to a litigation, to disclose documents to their opponent.

There is no doubt that this brings a cost saving, but it can be frustrating for rights holders who want to access evidence of wrongdoing and/or infringement but which is not easily obtainable in Scotland.

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The first things you need to know about enforcing IPR in Scotland

Whilst almost all substantive IP legislation and case law applies in Scotland the same as it does in the rest of the UK, the court procedure for enforcement of those rights is very different.  

In this series of briefing notes we will explain some of the peculiarities of enforcing IP in Scotland.  Hopefully we can provide you with an overview so that when you need to enforce IP in Scotland, you are aware of the main issues to consider and pitfalls to avoid.

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Fair and square?

The recent decision in Campbell v Dugdale has shown that, in defamation cases, fair comment does not always mean accurate comment.

Kezia Dugdale, former leader of the Scottish Labour Party, succeeded in her defence of a defamation action raised by the prominent “Wings Over Scotland” blogger Stuart Campbell.  The much publicised case concerned an article that appeared in Ms Dugdale’s Daily Record column in March last year in which Ms Dugdale commented on the following tweet by Mr Campbell:

Oliver Mundell is the sort of public speaker that makes you wish his

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