INTELLECTUAL PROPERTY BILL COULD UNDERMINE SCOTTISH COURTS
The Intellectual Property bill which will secure its second reading in the House of Commons today could sweep away centuries of determining and resolving patent cases in Scotland, says Pete Wishart MP. He believed the Bill will pave the way for the establishment of four divisional courts of the EU’s new Unified Patent Court but none are planned for Scotland, depriving the Court of Session of determining these critical patent cases.
Pete Wishart MP, who will put the case for the Court of Session to be included as a divisional court, said ahead of Monday’s debate.
“Crucial Intellectual Property Rights are imperative in underpinning a successful economy and Scotland will undoubtedly suffer if we can’t determine our own patent issues in Scotland. As well as depriving Scotland of centuries of experience in resolving these cases according to Scots law, Scottish-based businesses will have to defend themselves and litigate outside of Scotland in different jurisdictions creating all sorts of extra costs and inconvenience.
“The Law Society of Scotland and the Faculty of Advocates have both issued warnings of the impact of this on SME’s and other IP rich industries as well as on Scotland’s general economy. They have both put the case for the Court of Session to become a divisional court.
“I have supported and argued for a European wide Unified Patent Court but this can not come at Scotland’s expense. It is almost beyond belief that the UK Government has once again overlooked Scotland when it comes to such critical issues for Scotland’s inventors and creators and they must put this right as the bill passes through Parliament. The Government must amend this bill to ensure that Scotland does not lose out.”
The Law Society of Scotland has commented on the bill in detail and agrees that the Court of Session may be unable to consider patent matters when the bill comes into effect. The Society says it has suggested that the Court of Session should be designated as a local divisional court to ensure fair access to intellectual property litigants based or carrying on business in Scotland without the need to raise actions. The Society’s comment paper concludes:-“The Court of Session is the court within Scotland with jurisdiction to deal with UK and European (UK) patent infringement disputes where the alleged infringer is domiciled in Scotland and/or the actual infringement or damage is taking place or threatens to take place in Scotland.”
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