Best Intellectual Property Lawyers in Aberdeen

About Intellectual Property Law in Aberdeen, United Kingdom

Intellectual Property law in Aberdeen operates within the United Kingdom framework and protects creations of the mind such as brands, inventions, creative works, product designs, software, and confidential know-how. Aberdeen has a diverse economy that includes energy and renewables, maritime services, life sciences, digital technology, food and drink, and creative industries. Each of these sectors relies heavily on securing and commercialising IP to safeguard innovation, attract investment, and build strong brands. If you are based in Aberdeen or do business in the North East of Scotland, the same UK IP rights apply, but some court procedures and terminology follow Scots law.

Common forms of IP include trade marks for brand names and logos, patents for technical inventions, copyright for creative and software works, design rights for the way products look, database right for collections of data, trade secrets for confidential business information, and the common law of passing off to protect unregistered goodwill. Most registered rights are obtained through the UK Intellectual Property Office, while disputes in Scotland can be heard in the Court of Session in Edinburgh or in local sheriff courts depending on the case.

Why You May Need a Lawyer

You may need a lawyer when choosing and clearing a brand name, logo, or product get-up before launch to avoid infringement. Legal advice is valuable when filing and prosecuting trade mark, patent, or design applications, drafting robust specifications, and managing objections. If you are developing technology in the energy or tech sectors, a lawyer and a chartered patent attorney can help protect inventions, avoid self-disclosure, and set an international filing strategy.

Businesses often seek help when negotiating NDAs, R and D collaborations, university spin-out arrangements, joint ventures, and licensing or assignment deals to capture ownership and revenue properly. If you sell online or export, you may need advice on parallel imports, customs seizures, and cross-border brand protection. In disputes, you will need guidance on cease and desist letters, interdicts in Scotland, evidence preservation, settlement, mediation, court actions, and cost control. Investors and acquirers typically require IP due diligence before funding or M and A, so preparing clean ownership chains and registrations is important.

Local Laws Overview

UK statutes apply throughout Scotland, including the Patents Act 1977, Trade Marks Act 1994, Copyright, Designs and Patents Act 1988, Registered Designs Act 1949 and later regulations, Database Regulations 1997, and the Trade Secrets Regulations 2018. The common law tort of passing off protects unregistered goodwill against misrepresentation. There is no copyright registration system in the UK because copyright arises automatically when an original work is created and recorded.

Patents protect technical inventions that are new, involve an inventive step, and are capable of industrial application. There is no general grace period in the UK for patents, so public disclosure before filing can be fatal to protection. A typical route is a UK filing followed by international filings under the Patent Cooperation Treaty within 12 months to claim priority. Software as such is excluded, but computer-implemented inventions can be patentable if they deliver a technical contribution.

Trade marks protect signs that distinguish goods or services. Registration is at the UK Intellectual Property Office. After Brexit, EU Trade Marks no longer cover the UK, so a separate UK registration is required. UK marks can be vulnerable to revocation for non-use if not used for 5 years. Using the ™ symbol is permissible for unregistered marks, and the ® symbol should be used only for registered marks. Passing off may assist if you have built up goodwill in Aberdeen or elsewhere in the UK without registration, but it requires evidence of reputation and damage.

Design protection is available through registered UK designs for the appearance of a product and through automatic unregistered design rights. UK unregistered design right protects the shape or configuration of articles for up to 10 years from first sale or 15 years from creation, whichever ends first, while the supplementary unregistered design provides 3 years of protection for the appearance of products. Registered designs can be obtained quickly and are often cost-effective for product-driven businesses.

Copyright protects original literary, artistic, musical, and dramatic works, films, sound recordings, broadcasts, software code, and certain other works. Duration is typically the life of the author plus 70 years for literary, dramatic, musical, and artistic works. Database right protects substantial investment in obtaining, verifying, or presenting contents for 15 years. Trade secrets are protected where information has commercial value, is secret, and reasonable steps are taken to keep it confidential, supported by NDAs and internal policies.

Enforcement in Scotland often proceeds in the Court of Session in Edinburgh, which has a specialist Intellectual Property Court for complex or high-value cases. Local sheriff courts can also hear certain IP disputes and grant interim interdicts. Remedies include interdicts, damages or an account of profits, delivery up or destruction of infringing goods, and publication of judgments. UK Border Force can detain suspected counterfeit goods where a rights holder has an Application for Action in place. Domain name disputes for .uk domains are handled under Nominet's Dispute Resolution Service.

On international issues, the UK participates in the Madrid System for international trade mark filings and the Hague System for international design filings. The UK operates a unilateral EEA exhaustion regime, so goods first placed on the EEA market can often be imported into the UK without the IP owner's consent, but re-exporting from the UK into the EEA may require consent. Seek advice for parallel trade in specific sectors such as pharmaceuticals and branded goods.

Frequently Asked Questions

What types of IP can I protect in the UK?

The main rights are trade marks for brand identifiers, patents for technical inventions, registered and unregistered designs for product appearance, copyright for creative and software works, database right for substantial data compilations, and trade secret protection for confidential know-how. Passing off protects unregistered goodwill against misrepresentation.

Do I need to register copyright in the UK?

No. Copyright arises automatically when an original work is created and fixed in a tangible form. Registration is not required in the UK, and so-called poor man's copyright is not a substitute for proper records and contracts. Keep dated records and agreements to evidence authorship and ownership.

How long does it take to get a UK trade mark and what does it cost?

If unopposed, a UK trade mark can proceed to registration in around 3 to 4 months. Costs vary with the number of classes and any objections or oppositions. Budget for official fees plus professional fees if you use a trade mark attorney. Oppositions can extend the timeline significantly.

Can I patent software in the UK?

Software as such is excluded, but computer-implemented inventions can be patentable if they make a technical contribution, such as controlling industrial processes or improving computer functionality. Many digital innovations are protected using a mix of patents, copyright in code, trade secrets, and trade marks.

If I used my brand first in Aberdeen, do I have rights without registration?

Possibly. You may rely on passing off if you can prove goodwill, a misrepresentation by the other party, and damage. However, passing off can be harder and more expensive to enforce than a registered trade mark. Registration gives clearer and stronger protection across the UK.

How do I protect the look of my product?

Apply for a registered UK design to protect the appearance, and consider the supplementary unregistered design which arises automatically and lasts 3 years from first disclosure. UK unregistered design right may protect internal or external shape for up to 10 or 15 years subject to rules. Early filings and controlled disclosures are important.

Who owns IP created by employees, contractors, or in university collaborations?

In general, employers own IP created by employees in the course of employment, subject to statutory rights and any contract. Contractors typically own what they create unless the contract assigns IP to the client. University collaborations and student IP often have bespoke policies, so check the agreement and institutional terms early.

What should I do before disclosing an invention?

Avoid public disclosure until a patent application is filed, as the UK has no general patent grace period. Use NDAs when discussing with third parties, mark documents as confidential, and limit circulation. Keep lab notebooks and dated records to evidence inventorship and development.

How do Brexit and EU trade marks affect protection?

EU Trade Marks no longer cover the UK. You need a separate UK registration for protection here. Existing EU registrations were not extended to cover new UK rights after the transition except for cloned rights that were created for existing EU marks at that time. For EU coverage now, file at the EUIPO or designate the EU in an international application.

How can I tackle counterfeits and online infringement?

Gather evidence such as screenshots, order samples where safe, and record seller details. Send platform takedown notices using trade marks, designs, or copyright. Consider an Application for Action with UK Border Force to intercept imports. For persistent issues, seek an interim interdict and pursue damages or an account of profits.

What if I receive a cease and desist letter?

Do not ignore it. Note any deadlines, avoid admissions, preserve relevant evidence, and seek advice promptly. A lawyer can assess validity, negotiate standstill agreements, and propose settlement, coexistence, rebranding, or a robust response. Time limits and strategy can be critical.

Additional Resources

UK Intellectual Property Office for filings, guidance, opinions, hearings, and mediation services. Scottish Courts and Tribunals Service and the Court of Session Intellectual Property Court for Scottish IP litigation procedures and forms. Law Society of Scotland for finding solicitors and specialists with IP accreditation.

Chartered Institute of Patent Attorneys for chartered patent attorneys. Chartered Institute of Trade Mark Attorneys for registered trade mark attorneys. Nominet Dispute Resolution Service for .uk domain disputes. World Intellectual Property Organization for Madrid trade mark and Hague design systems and for alternative dispute resolution.

Business Gateway Aberdeen City and Shire for local business support and IP workshops. Scottish Enterprise for innovation funding, commercialisation support, and IP strategy advice. Aberdeen City Council Trading Standards and Police Scotland for IP crime and counterfeiting concerns. Companies House for company name checks and records.

Next Steps

Start with an IP audit to identify what you have or will create, including brands, inventions, designs, content, and data. Record who created each item and under what contract. Put NDAs in place before any external discussions and control public disclosures, especially for inventions and designs.

Run clearance searches for proposed brand names and logos, domain names, and company names to reduce infringement risk. Map a filing strategy that supports your commercial plan, for example filing a UK trade mark before launch and planning international extensions within the 6 month priority window for trade marks and designs, and 12 months for patents.

Engage suitably qualified professionals. In Scotland, solicitors are regulated by the Law Society of Scotland, and patent and trade mark attorneys are regulated professionals who can handle filings and advocacy before the UK IPO. Ask about experience in your sector, expected timelines, and budgets, including prosecution and potential opposition costs.

Prepare key documents such as ownership assignments from founders and contractors, collaboration and licence agreements, brand guidelines, invention disclosures, and design drawings. Set up monitoring for new filings by competitors and for online marketplace activity. Establish an enforcement playbook that escalates from notices and takedowns to negotiated resolutions and, where needed, court action for interdicts and damages.

If you face an urgent issue in Aberdeen or elsewhere in Scotland, contact a lawyer quickly to consider interim interdicts or other urgent remedies. Acting early can preserve evidence, stop ongoing harm, and contain costs.