NIPC Law

In view of recent opinion polls, I have taken another look at page 102 of the Scottish Government's white paper Scotland's Future . That contains a section headed "Intellectual Property" which consists of 4 paragraphs though only the first sets out any policy. The second is concerned with the Scottish Arbitration Centre , the third is on immigration and the fourth is on a joint venture between Visit Scotland and the Walt Disney Company and the exposition of Scottish food and drink in Florida. So what is the policy? I reproduce the first paragraph of the section on IP in full: "We will ensure continuity of the legal framework for protecting intellectual property rights. Independence will also allow Scotland to offer a simpler and cheaper, more business-friendly model than the current UK system, which is bureaucratic and expensive, especially for small firms. The UK is one of the few EU countries which does not offer a scheme that covers the bas...

In  Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013) Mr Justice Arnold held that PMS International Ltd ( "PMS" ) had infringed registered Community design number 43427-0001 ( "the RCD" ), some of Magmatic Ltd ( "Magmatic" )'s design rights and Magmatic's literary copyright in its safety notice. Magmatic appealed to the Court of Appeal on the grounds that the judge fell into error in finding infringement of the RCD in that he had wrongly interpreted the RCD and improperly excluded from his consideration various aspects of the design of Magimax's product. In  Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181 (28 Feb 2014) the Court of Appeal (Lords Justices Moses and Kitchin and Lady Justice Black) allowed the appeal. The Parties Magamatic makes and sells ride-on suitcases for children under the trade mark  Trunki.  Photographs of one of the products in the Trunki range appe...