Intellectual property litigation at the court of session: A first empirical investigation

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

Scotland is said to enjoy an economy rich in intellectual property (“IP”), but reported decisions from the Court of Session in IP matters are rare. This article analyses a new dataset of Court of Session IP actions compiled from court records for the period from 2008 to 2014, alongside a survey and interviews conducted among Scottish legal practitioners working in the field of IP. The research provides insights into the Court of Session's IP caseload, parties and their sectors, the subject matter of claims and remedies sought. This article discusses key themes emerging from the research data against the broader context of civil justice reform and jurisdictional competition between the Scottish, English and other courts.
Original languageEnglish
Pages (from-to)192-216
JournalEdinburgh Law Review
Issue number2
Publication statusPublished - 31 May 2017

Keywords / Materials (for Non-textual outputs)

  • court of session
  • intellectual property
  • empirical legal research


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