Patent cases should continue to be heard in Scotland
The Law Society of Scotland has today, 22 May, recommended that the Court of Session retains its jurisdiction over patent cases under the new Community Unitary Patent system.
The Intellectual Property Bill, once enacted, will pave the way for establishing a Unitary Patent Court system in the UK. The Society considers it important that Scotland is allocated one of the (up to four) possible local divisions of the Court. This will ensure that businesses operating in Scotland are not unduly disadvantaged by no longer having a local option to enforce or defend their rights.
Gill Grassie, member of the Law Society of Scotland's Intellectual Property Committee, said: "The Court of Session currently has jurisdiction in Scotland over cases under existing patents. If it were not to have this for the new unitary patent, then litigants in Scotland would no longer have an effective local option available to protect their patent rights - they would instead have to litigate or defend their position elsewhere in the UK or Europe. This could significantly increase costs for those litigants. Designating the Court of Session as one of the UK local divisions of the Unitary Patent Court would ensure that patent litigants who operate in Scotland are not unduly disadvantaged."
Notes to editors
The Intellectual Property Bill, currently being considered by the House of Lords, provides the Secretary of State with the power to make an order conferring or removing jurisdiction from a court.
The Bill receives its second reading on Wednesday 22 May. The Bill can be viewed on the UK Parliament website
The Law Society of Scotland's letter to Peers can be viewed here
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22 May 2013