Intellectual property dispute solicitors in Scotland

Intellectual property disputes we handle

An IP dispute can threaten your brand, your market share and the investment you have made in developing products and content. Our intellectual property solicitors act for businesses of all sizes, from start-ups to established companies, to protect and enforce their intellectual property rights. We advise on intellectual property disputes involving:

• Trade mark infringementUse of an identical or similar trade mark for identical or similar goods or services where this is likely to cause confusion, or unfair use of a well known mark, including copycat brands and lookalike packaging.
• Passing offProtecting the goodwill in an unregistered brand where a competitor misrepresents a connection with your business.
• Copyright infringementUnauthorised copying of website content, photographs, marketing materials, software code and other works.
• Design rightsCopying of the shape or appearance of products, whether the design is registered or unregistered.
• Database rightsExtraction and reuse of the contents of a database you have invested in.
• Confidential information and trade secretsMisuse of customer lists, pricing, formulas and know-how, often by former employees or business partners.
• Domain namesDisputes over domain names that use your brand, including complaints under the Nominet Dispute Resolution Service for .uk domains.
• Ownership of IPDisputes over who owns IP created by employees, contractors, consultants or joint venture partners.

Technology, data and IT contract disputes

Technology disputes often combine contract and IP issues. We advise on disputes arising from software licences, software development projects that have failed or overrun, SaaS and cloud services agreements, IT outsourcing, website and app development, and the use of data. Typical issues include whether software meets the agreed specification, the effect of limitation of liability clauses, rights to source code and the return of data at the end of a contract.

Data protection issues often arise alongside these disputes, for example where personal data is held by a supplier. The growing use of AI tools also raises new questions about the ownership of content created with AI and the use of third party material to train AI systems, and our lawyers can advise on the risks for your business.

Enforcing your IP rights in Scotland: litigation and other options

Intellectual property law is largely the same across the UK, but the procedure for enforcing intellectual property in Scotland is different. Most significant IP cases are raised in the Court of Session in Edinburgh, which has specialist rules for intellectual property actions. Remedies include:

• Interdict and interim interdictThe Scottish equivalent of an injunction. Interim interdict can be granted quickly, sometimes within days, to stop infringement while the case is decided.
• Damages or an account of profitsCompensation for your losses, or the profits the infringer made from using your IP.
• Delivery up or destructionAn order requiring infringing goods or materials to be handed over or destroyed.
• Recovery of evidenceCourt orders for the recovery and preservation of documents and evidence, under the Administration of Justice (Scotland) Act 1972.

Many IP disputes are resolved before litigation. A well-judged letter of claim, followed by negotiation, mediation or another form of alternative dispute resolution, often results in the infringer stopping and agreeing undertakings, with a payment of damages and expenses. An IP audit can also help you identify which of your intellectual assets are protected before you take action. Your IP lawyer will explain the options for each asset in plain English.

Received an infringement letter?

If you have been accused of infringing someone else’s IP, do not ignore the letter, and do not admit liability before taking advice. We will assess whether the claim is valid, whether you have a defence and whether the other side’s rights can be challenged.

The Intellectual Property (Unjustified Threats) Act 2017 applies across the UK to trade marks, patents and designs. A rights holder who makes unjustified threats of infringement proceedings to some recipients, such as a retailer selling your products, can face a claim for damages. This works both ways, so we also make sure that any letter we send on your behalf is properly framed.

For help registering and protecting your IP before a dispute arises, including trade mark applications and IP clauses in contracts, our commercial contracts team can assist. For patent disputes, including disputes over who owns an invention, we can work alongside a specialist patent attorney.