NIPC Law

The Railway Viaduct at Tomatin Author Chris McKenna   Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Court of Session, Inner House (Lord President, Lord Woolman and Lord Pentland) The Tomatin Distillery Co. Ltd. v The Tomatin Trading Co. Ltd .  [2022] ScotCS CSIH_28 (14 June 2022) This was an appeal from the decision of the Scottish Intellectual Property Judge, Lady Wolffe, in The Tomatin Distillery Co. Ltd. v The Tomatin Trading Co. Ltd. [2021] ScotCS CSOH_100, 2021 SLT 1327, [2021] CSOH 100, 2021 GWD 33-438 (6 Oct 2021).  The pursuer, a whisky distiller in the village of  Tomatin , had sued the defender , which runs an hotel, café and farm shop in the same village, for trade mark infringement and passing off.  The defender denied infringement and counterclaimed for the invalidity of the pursuer's marks.  Her ladyship dismissed the claim and declared that two of the pursuer's trade marks were invalid on the ground inter ali...

By Kim Traynor - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=22544850 Jane Lambert Court of Session, Outer House ( Lord Doherty)  Reactec Ltd. v Curotec Team Lt d . [2020] CSOH 77, [2020] ScotCS CSOH_77 This was a patent infringement claim with a counterclaim for revocation of the patent on the ground of obviousness.  The proceedings took place before Lord Doherty in the Outer House of the Court of Session in Edinburgh.  For those unfamiliar with the Scottish court system, the Court of Session is the highest civil court in Scotland with original and appellate jurisdiction.  The first instance division is called the Outer House and the appellate division the Inner House (see " About the Court of Session"  on the Scottish Courts and Tribunals website).  Rule 55.2 of the Court of Session Rules  provides for patent cases in the Outer House to be heard by a designated intellectual property judge. Patent in...

Standard YouTube Licence Jane Lambert Outer House, Court of Session (Lord Doherty) The University Court of the University of St Andrews v Student Gowns Ltd  [2019] CSOH 86, [2019] ScotCS CSOH_86 This was a challenge to the jurisdiction of the Scottish courts by Student Gowns Ltd. ("Gowns") .  Gowns is an English company carrying on business from premises in London. In 2018 it marketed a red gown to undergraduates of the United College of St. Salvator and St Leonard  in the University of St. Andrews through its website and on Google and Amazon and a roadshow in St Andrews.  The University Court of the University of St Andrews  ("the Court"), the governing body of the University and proprietor of the registered trade marks UNIVERSITY OF ST. ANDREWS , ST ANDREWS UNIVERSITY and THE UNIVERSITY OF ST. ANDREWS, brought proceedings against Gowns in the Outer House of the Court of Session for infringement of those marks and passing off. In its defence, Gowns a...

Scotland's position in the British Isles, Europe and the World Source Wikipedia In "What would an independent Scottish government do about Intellectual Property?"  I discussed what the Scottish government said it would do about intellectual property if Scotland seceded from the United Kingdom. Today I will consider what the white paper did not say. The Current Situation Scotland like the rest of the UK protects intellectual assets (brands, designs, technology and works of art and literature) by a bundle of laws some of which derive from statute such as patents, copyrights and trade marks, some from European Union regulations such as Community designs and trade marks, and some such as confidentiality and passing off from common law. Some of those rights have to be registered with the Intellectual Property Office in Newport, others with the Office for Harmonization in the Internal Market ( "OHIM ) and European patents wit...