The UK Parliament confirmed earlier last week that the Court of Session in Edinburgh will be one of the UK divisional Patent Courts if there is shown to be sufficient demand.
The Intellectual Property Bill 2014 ("the Bill") proposes to update current IP law and also give effect to the European agreement to establish a new Unitary Patent Court system. This new system provides for a Central Court Division which will be split between London, Paris and Munich; with each Contracting Member State having their own divisional courts.
Previously, there was no provision in the Bill for one of the UK's divisional courts to be set up in Scotland, leaving Scottish inventors and businesses concerned about the prospect of having to enforce and defend patent rights south of the border. The Law Society of Scotland and Faculty of Advocates also raised concerns and appealed to UK ministers to amend the legislation, arguing that Scottish economy and legal profession would suffer if parties were forced to litigate cases in London.
This can only be seen as good news for Scotland.
The Bill passed its third reading in the Commons and has now been passed to the House of Lords for consideration of the amendments.
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