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Intellectual Property

Intellectual Property

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

Cheese or a KitKat for dessert? The CJEU had both on its plate last month.

The IP world has been cooking up quite a storm this summer with two particularly interesting cases featuring on last month’s menu for the Court of Justice of the European Union (the “CJEU”).   However, forget your usual summer highlights of BBQs, Aperol spritzes and Soleros, these cases find their origins in a spreadable cheese and Nestle’s famous KitKat.

I’ll take each of these separately – after all, I’m not sure how well a spreadable cheese would compliment a KitKat…


Cheesed off

The 'wheel' has been spinning for quit

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Burness admin

Breaking The Internet: Will The EU Make The (Copy)Right Decision?

In a dramatic turn of events, the European Parliament has voted against the first considerable update to copyright legislation in almost twenty years.

The proposed “Directive on Copyright in the Digital Single Market” was intended to harmonise aspects of copyright law across EU member states and has fostered much public debate since its inception. Although approved by the European Parliament Committee of Legal Affairs in June, the proposals were narrowly defeated by 318 votes to 278 when they went to the European Parliament on 5 July 2018.

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Burness admin

The Bayswater And The Belief

A case involving the iconic luxury handbag designer Mulberry has looked at the law around discrimination on the grounds of a rather unusual philosophical belief.

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Burness admin

Can you spot a fake?

“Imitation is the sincerest form of flattery” or so the saying goes.

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Burness admin

The Secret To Success: Protecting Your Trade Secrets

As mentioned in a recent blog, the means of protecting trade secrets in the EU is changing. 

In 2016 the EU adopted the Trade Secrets Directive, which has been implemented into UK law this month by the Trade Secrets (Enforcement, etc.) Regulations 2018. The Directive aims to harmonise the law in this area to ensure that a minimum standard of protection exists across the EU.


Trade secrets: why protect them?

Trade secrets can be the lifeblood of any business.

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Burness admin

Success For Christian Louboutin In Long-Running Trade Mark Battle

Luxury French shoe designer, Christian Louboutin, appears to be close to winning a five-year legal battle to enforce the trade mark of his brand’s distinctive red soles.  Last week, the Court of Justice of the European Union (CJEU), ruled in favour of the designer after he sought to prevent Dutch high street retailer Van Haren from selling its own version of red-soled high-heeled footwear.

Although a trade mark of a colour is not wholly unusual in the US, with brands such as UPS and Tiffany & Co successfully gaining such protections, the EU courts have been stricter and sho

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Burness admin

IP And Brexit - Are We On The Cliff Edge Of A Fashion Nightmare?

A report into the implications Brexit may have on the UK’s intellectual property industry paints a bleak picture. 

The authors of the report, the Alliance for Intellectual Property, are a UK-based coalition of 20 organisations with an interest in ensuring intellectual property rights receive the protection they need and deserve.  The report highlights a number of areas in which they say “urgent attention” is required by the Government to avoid certain “cliff edge” risks from occurring.    

The Alliance has taken some encouragement from the fac

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Burness admin

Learning From The Mistakes Of Others

In my first blog in this short series I discussed the pitfalls associated with the issue of groundless threats; determining ownership of copyright and negative publicity arising from issue of cease and desist letters.  Continuing the theme of learning from the past mistakes of others, this blog will consider: risk of losing unused trade marks; the implications of a loss of confidential information and the importance of not forgetting the poor cousins of IP law - moral rights.

Again, I would

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Burness admin

Can You Keep A (Trade) Secret?

Whether it’s a surprise birthday present, an unexpected trip away or a broken vase in the living room, we all have secrets and we know how to keep them (however hard it may be!).  However, can the same be said for trade secrets?  From rumours of the KFC recipe being transported in armoured high-security cars, to the IRN-BRU recipe custodians never travelling on the same plane, it’s clear that trade secrets are no ordinary secrets.  Businesses around the world are prepared to go to extreme lengths to ensure theirs remain protected.

But short of these

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Burness admin