Book contents
- Frontmatter
- Contents
- List of contributors
- Foreword
- Preface
- General intellectual property
- 1 International intellectual property jurisprudence after TRIPS
- 2 Harmony and unity of European intellectual property protection
- 3 Oskar Hartwieg's thoughts on the English legal system
- 4 Intellectual property in a peripheral jurisdiction: a matter of policy?
- Patents and plant protection
- Trade marks and unfair competition
- Copyright, moral and neighbouring rights
- William R. Cornish – curriculum vitae
- Index
4 - Intellectual property in a peripheral jurisdiction: a matter of policy?
Published online by Cambridge University Press: 25 May 2010
- Frontmatter
- Contents
- List of contributors
- Foreword
- Preface
- General intellectual property
- 1 International intellectual property jurisprudence after TRIPS
- 2 Harmony and unity of European intellectual property protection
- 3 Oskar Hartwieg's thoughts on the English legal system
- 4 Intellectual property in a peripheral jurisdiction: a matter of policy?
- Patents and plant protection
- Trade marks and unfair competition
- Copyright, moral and neighbouring rights
- William R. Cornish – curriculum vitae
- Index
Summary
‘The law [of intellectual property] … is largely based on statutes applicable to the United Kingdom as a whole. By contrast, most of the case law has been decided in English courts. Nonetheless there are three separate jurisdictions to which litigants may on occasion resort. While the procedures and remedies available in Northern Ireland closely resemble those of England and Wales, the Scottish system is often distinct in substance or in nomenclature. The special characteristics of Scottish litigation, however, are not pursued here.’
Bill Cornish has not often had other occasion to refer to Scots law or Scotland in the course of his published work, whether on intellectual property, legal history, or other topics. But nevertheless his support of colleagues working on intellectual property in Scotland, notably with regard to the AHRB Research Centre for Intellectual Property and Technology Law at the Edinburgh Law School, has been generous, unstinting and greatly appreciated by the beneficiaries.
The thought that the topic for this essay could be appropiately addressed in Bill's honour was prompted by recollection of some gently amused comments of his at the time about the opening ceremonies of the Scottish Parliament on 1 July 1999, in particular his musician's appreciation of the singing in the chamber (and, significantly, before the Queen) of Burns' ‘A man's a man for a’ that’. On the face of it, however, Scottish devolution did not seem a matter of much moment for intellectual property lawyers as such.
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- Chapter
- Information
- Intellectual Property in the New MillenniumEssays in Honour of William R. Cornish, pp. 58 - 76Publisher: Cambridge University PressPrint publication year: 2004
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