CIPA welcomes extended rights decision
17 May 07
Patent attorneys in further call for dedicated sheriff court for IP cases
The Chartered Institute of Patent Attorneys (CIPA) has welcomed the recent decision by the Scottish Executive opening the way to their obtaining rights of audience in the Court of Session.
In a statement issued today, the professional body that represents patent attorneys said that although the move was a step in the right direction, further reforms to the justice system were needed.
The Executive move came shortly before the recess for the Holyrood parliamentary elections, when it brought into force on 19 March the previously unimplemented sections 25-29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. These permit non-legal professional bodies to obtain recognition so that their members can present cases in court within their fields of expertise.
David Moreland, chairman of CIPA's Scottish subcommittee, said CIPA would now be pushing in particular for the establishment of a sheriff court dedicated to intellectual property disputes. CIPA argues that failure to modernise Scotland's IP justice system would seriously undermine the nation's long-term economic prospects.
Such a court would be similar to England's Patents County Court, which was established in the early 1990s and is now located close to the Royal Courts of Justice in the Strand, London. The reformed Patents County Court made it possible for lower-value IP disputes to be settled comparatively swiftly and cheaply.
Mr Moreland said: "We do not want to see Scottish industry, or the Scottish patent profession, become uncompetitive in the European market, which is why we wholeheartedly welcome this change in stance from the Executive.
"They have finally recognised that Scotland is out of sync with other jurisdictions - in England and the rest of Europe - and that a rebalancing was required."
Mr Moreland added: "The ball is now in our court. We still have to formally apply for those rights."