Scottish Patent Court under planned Unified Patent Court System

Released: Thursday 13th March 2014

Litigation actions under the forthcoming Unitary EU Patent could be raised before the Scottish Courts following an amendment to the Intellectual Property Bill as it underwent its third reading before the Westminster Parliament.  The changes to the Bill serve to include The Court of Session in Edinburgh as one of 4 possible UK Divisional Courts in which the forthcoming Unitary EU Patents could be litigated.  The changes to the Bill will be enacted provided that suitable demand for such a forum can be shown.  The inclusion of the Court of Session resulted from lobbying led by the Law Society for Scotland and Scottish MPs, both of which welcomed the amendment on the grounds that it provides greater choice to Scottish businesses.

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