Time for action on Scottish patent court, lawyers say

A call for action in designating a divisional patent court in Scotland has gone out to the UK Government from the Faculty of Advocates and the Law Society of Scotland.

With the news that Ireland is poised to secure one of the permitted local divisions of the new unified patent court, the two bodies are jointly urging ministers to take steps to designate Edinburgh as the location for a further local division. If this is not done, the Court of Session will no longer have the power to deal with any matter related to the new unitary patents, forcing Scottish-based businesses to take patent disputes to London or Europe.

Timetabled from 2016, the Unified Patent Court will be part of a new European patent system providing patent protection in 25 EU member states on the basis of a single streamlined patent application. London has already been allocated a section of the Central Division of the Court, alongside Munich and Paris, but there is still no firm plan to establish a local division of the court in Scotland.

Gill Grassie, vice convener of the Society’s Intellectual Property Committee, said: “It is great news for Ireland that a local division of the Unified Patent Court has been secured there. The justifications for this for Ireland, such as encouraging innovation, reducing the cost of enforcing property rights and, ultimately, job creation, equally apply to Scotland which has yet to be allocated its own local division."

She added: “Scotland punches above its weight as a centre for excellence for innovation and is home to a large and diverse array of high technology, intellectual property-rich businesses operating in many sectors including, life sciences, renewables, aviation and defence. Many such businesses, including many SMEs, will rely upon patents to protect their valuable technology and innovation. While discussions are ongoing between the UK Intellectual Property Office and the Scottish Courts Service, time is moving on and we are seeing other states such as Ireland and Germany establish local courts.”

The Dean of the Faculty of Advocates, James Wolffe QC, commented: “I congratulate Ireland on securing a local division of the UPC, which will support business and innovation there. We must continue to press for the establishment of a local division of the UPC in Scotland. This would enable Scottish businesses to resolve disputes over patents locally, more cheaply and more easily. It would support Scottish business, particularly the SME sector, support the retention and development of expertise in Scotland, and support Scottish innovation and research and development.”