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Intellectual Property

Intellectual Property

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

A Useful Reminder From The EUIPO: You Can’t Have Your “Burger” And Eat It

Last year, McDonald’s iconic Big Mac burger celebrated its 50th anniversary.  Since its launch in 1968, the Big Mac’s continued popularity has cemented its status as the one of the most renowned burger marks in the world, with sales in more than 100 countries and an estimated 28 Big Macs sold globally every second.  However, despite its undoubted success with consumers, it hasn’t all been plain sailing for McDonald’s, who recently received a grilling from the Cancellation Division of the EU Intellectual Property Office (“EUIPO”) in a decision which revoked the com

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Burness admin

It’s good to talk – especially about enforcing your IP rights in Scotland

Before the Christmas madness got too mad, our contentious IP team held a round table discussion with some English based clients and contacts who regularly seek to enforce their IP rights in the Scottish courts.

We invited representatives from Sky, the FA Premier League, Phonographic Performance Limited (“PPL”), PRS For Music Limited (“PRS”) and the newly created joint venture formed between PPL and PRS to join us at Scotland House in London to share their experiences of litigating in Scotland, what the Scottish Courts do well and where they could perhaps improve upon servic

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Burness admin

IPO: New Report on Design Infringement: Key Findings and Implications

Colin Hulme

A recent report by the UK Intellectual Property Office confirms what we have already known: that designs are a key part of our economy in the UK. The report discloses that as of 2015, the UK design economy was worth 6% of the nation’s total economy – the same as the building industry and the logistics sector combined. Whilst I have some reservations as to the research methodology, the report makes some interesting points.

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Burness admin

Give that back, it’s mine!

In this modern era where technology and branding are at the heart of every business it has become ever more apparent how crucial intellectual property is. From your brand name to underlying source code, ensuring that your business has the ability to enforce its intellectual property rights (“IPR”), use them freely and even commercialise them is of upmost importance. 

The default position is that when an employee creates IPR in the normal course of their employment the employer will be the owner of the IPR.  However, this is not always straightforward

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Burness admin

Fighting to protect Scotland's famous brands

Scotland is synonymous with high-quality food and drink and is home to some fantastic and well-known brands. However, with this global success comes the risk of the brand being taken advantage of. Knowing what type of IP you hold and how to protect it can safeguard the future of your business and the reputation of Scottish food & drink produce.

Neeraj Thomas, an Intellectual Property specialist in our Dispute Resolution team, visited NB Gin's distillery to highlight the importance of brand protection and the steps you can take to ensure your IP is not infringed.

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ChrisA