New Patents Court in Scotland

Recently there has emerged a problematic situation among the intellectual property area. Intellectual property lawyers in Scotland have been alarmed by the possibility of having to litigate through the courts that are based in England under the new Unitary Patent Court system.

Currently, there is an Intellectual Property Bill going through the UK Parliament and thus, it creates this system.

However, Scottish members of the Law Society are encouraging MPs in the UK Parliament to make sure that Scottish inventors and businesses would continue to enforce intellectual property rights in a Scottish court. The other option that is being proposed is this to happen in one of the four local divisions of the new court, all of them being away from the border.

 

Currently, the Court of Session is the place to go to if you are an inventor or a business who wants to litigate in Scotland. Therefore, a recommendation has been made for an amendment in legislation which will allow the three separate legal jurisdictions in the UK, respectively England and Wales, Northern Ireland and Scotland, to have a patent court under the new system.

One of the members of the intellectual property committee of the Law Society of Scotland has said that there might be devastating effects on Scottish businesses if the legislation fails to secure a local divisional patent court in Scotland. Scottish businesses need to have an efficient local alternative to which they can turn to and rely on to protect their patent rights. Otherwise, they will have to litigate or defend themselves and their stance somewhere else in the United Kingdom or Europe.

One MP has stated that Scotland will bear its consequences if it cannot manage to solve its own patent problems.

If Scottish businesses have to defend themselves and litigate outside of Scotland in different jurisdictions, this means that they will have to go through various additional costs and inconveniences. Furthermore, this will deprive Scotland from all its experience in applying Scottish law for the resolution of cases. A support for an European wide Unified patent Court should not be in an expense of Scotland itself. The Intellectual Property Bill is going to a committee in the House of Commons in January 2014.


 

 


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