Intellectual Property disputes often present an opportunity for the aggrieved party to take formal action in either England or Scotland. There are some important differences in procedure, costs and legal principles between the two jurisdictions, which can prove significant in determining strategy. Here we set out some of the key jurisdictional differences and explain why it is worth considering pursuing IP claims in Scotland rather than England.
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Latest Whats IP All About articles
One of the twists in the very public dispute between the European Commission and drugmaker AstraZeneca over the delays in supply of vaccines saw the European Commission publish the contract which was entered into between them in August 2020. It is standard practice in commercial contracts, particularly those of a sensitive nature, to ensure that there is a confidentiality provision which prohibits either party disclosing details of the contract - but how do you enforce this?
Passing off is where a business or entity improperly takes advantage of the goodwill and reputation in a similar brand owned by another business or entity. A recent English has reaffirmed a business's right to a legal remedy in the event of post-sale confusion, where those who see a consumer utilising goods after the sale may make the association. This additional level of protection is likely to be well received by those whose business model is predicated on brand recognition throughout the lifetime of their product.
What will the end of Brexit mean in practice for UK businesses trading internationally in the EU and beyond?
On 31 December 2020 the transition period relating to the UK's exit from the European Union will end. There is no trade deal yet in place between the UK and the EU, though some trade arrangements are in place, for example with Japan. There is uncertainty. But it remains possible for businesses to mitigate risk by undertaking some forward planning and by considering what they may need to do and making preparations.
Welcome to our weekly Dragons Den blog where a member of Harper Macleod's entrepreneurial team will share their view of the latest episode, give some hints and tips and also explain how we could have helped … and hopefully have a bit of fun along the way. This week's blog is by Anisha Kaura, a solicitor in our entrepreneurial team who specialises in advising start ups and high growth companies. She's part of a team that has completed more than 90 equity deals in the last three years.