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Intellectual Property

Intellectual Property

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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Burness admin

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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Burness admin

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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Burness admin

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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Burness admin

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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Burness admin

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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Burness admin

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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Burness admin

By order of the Peaky Blinders

Megan Briggs

In an age where viral marketing and social media reign supreme, establishing the best method of enforcing your intellectual property rights (“IPR”) can be a thorny issue.  Recent years have seen large companies take an increasingly creative approach to managing their IPR, especially trade marks and copyright, often to great effect.

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Burness admin

Protecting Scottish intellectual property on a global stage

Colin Hulme

With the dawning of the 1900s, a small group of merchants gathered in a draughty meeting room in Stornoway. They were there to plan how to protect intellectual property in the increasingly valuable HARRIS TWEED cloth which was being produced on the Outer Hebrides. 

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Burness admin

Food for Thought: Protecting Your Intellectual Property in the Food and Drink Sector

The recent case involving McDonalds, where the EU Intellectual Property Office revoked the company’s EU trade mark for “BIG MAC” owing to McDonalds’ failure to show genuine use certainly raises some interesting questions.  It has also led food and drinks businesses to query what practical steps they can take to protect their most important commodity: their brand.  As is so often the case, the answer lies in ensuring a company’s valuable intellectual property rights are properly protected.

Who owns your logo?
 
Something that often catches compan

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LChalmers