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Intellectual Property Disputes in the UK: the Court of Session

Court (Small)A couple of weeks ago we wrote an article about bringing intellectual property (IP) actions in front of the Intellectual Property Enterprise Court (IPEC). Like the High Court in England and Wales, the IPEC can handle a range of IP disputes. As a result of its streamlined process however the IPEC provides a less expensive option for parties who feel the need to go to court.

For cases with a Scottish angle however there is another option, namely to bring a claim before the Court of Session in Edinburgh. This post provides an overview of Scottish IP disputes and the similarities and differences with the High Court and IPEC in England and Wales.

IPcopy is grateful to have received input from Susan Snedden at Maclay Murray & Spens LLP in the preparation of this post. Any insights may be attributed to Susan while IPcopy claims ownership of any errors that the reader may find! (more…)

Intellectual Property Disputes in the UK: the Intellectual Property Enterprise Court (IPEC)

Court (Small)Intellectual property such as trade marks and patents can be important assets to a business. In instances where negotiation or arbitration or mediation are not appropriate a company may need to consider opening litigation proceedings.

As far as intellectual property cases are concerned there can be a perception that such proceedings in the UK are lengthy and costly affairs compared to other jurisdictions, such as Germany. However, there are options available to claimants that can provide litigation that is both quicker and cheaper than may generally be understood. In particular, claimants may take advantage of the streamlined procedures on offer in the Intellectual Property Enterprise Court. (more…)

The UPC and Patent Litigation at the High Court and the IPEC

stacked-booksPublished recently on the UKIPO website is a report examining the number of patent cases at both the UK High Court and the Intellectual Property Enterprise Court in the period 2007-2013.

The High Court and IPEC of course both currently have jurisdictions over matters relating to UK patents granted by the UKIPO and EP patents validated in the UK. The introduction of the Unified Patent Court may impact the number of EP(UK) patents that are handled by these two venues and the UKIPO report attempts to quantify the number of cases that have been filed at the High Court and IPEC.  (more…)

Youview 2

Court (Small)There have been further developments in the YouView and YourView trade mark battle as the proprietors of YourView, Total, have initiated trade mark infringement proceedings against Lord Sugar’s YouView business.

Earlier this month the High Court upheld the UK Intellectual Property Office’s decision that the names were confusingly similar. Despite the court decision, YouView are yet to change their branding and state that they ‘have no intention of changing name’.

(more…)

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