Intellectual property & technology
We advise across all business sectors in every area of intellectual property and technology law, from intangible asset protection, management and commercialisation, to copyright, patent law, information technology and media law.
Advising on IP&T in Scotland and beyond
At Harper Macleod we have a full service IP practice, dealing with all aspects of intellectual and intangible rights and property, both contentious and non-contentious.
We are one of only two Scottish firms to retain a filing and prosecution practice in respect of trade mark rights, and the only Scottish firm to offer a holistic brand protection service, which includes anti-counterfeit and customs management services. More information can be found upon our brands services.
In relation to patents, we are the leading firm in Scotland in relation to patent disputes, having achieved notable recent successes in Scottish court based litigation. We work extensively with patent agents locally and internationally in respect of filing work, and are adept at developing protection strategies, our team including notable prior experience on an in house / research organisation level.
As regards copyright and related rights, we are recognised for our market leading experience in key areas such as music, publishing, information technology and broadcasting. We represent industry organisations in these fields, and have dealt with many high profile international matters.
On a governmental level, we have assisted with the drafting and implementing of new IP related legislation, at both a Scottish and UK parliament level.
Our experience in relation to data and information technology includes assisting on some of the largest public sector projects implemented in Scotland over the last decade, including communications infrastructure, the gathering, management and use of sensitive data sets, supplier failure disputes, freedom of information and Crown rights, and the creation of institutional policies and strategies.
THE TEAM
Our team is recognised for its expertise in the Legal 500, Chambers Guide to the Legal Profession, the World Trade Mark Review, and in Managing IP, and includes specialists accredited and certified by the Law Society of Scotland and the World Intellectual Property Organization, in intellectual property, international trade mark work and cyber security.
Services
Our services
Strategy
Overview
We regularly assist private sector clients and government agencies in evaluating and developing strategies for IP protection and commercialisation. Our IP team works regularly in conjunction with our corporate and regulatory teams, to ensure IP strategies fit with commercial goals and compliance requirements. We have extensive experience of sectors including data and AI, life sciences, software, sport, and food & drink.
Rights acquisition
Overview
Following on from our strategy work, in response to client drivers, and working with our network of trusted providers, we implement rights acquisition strategies in the UK and abroad, from trade mark, design, domain and copyright registration, to the acquisition of protection under patent and trade secret laws.
Contracting
Overview
We regularly assist in the drafting and negotiation of documentation concerning IP & IT matters, including the creation of style banks for clients, and addressing high value complex project contracting. Our experience in IT contracting has been lead through advising upon some of the largest infrastructure projects in Scotland in recent years. We also regularly assist with disputes and their resolution whether via court proceedings or alternative settlement means.
Disputes
Overview
We have one of the leading contentious IP practices in Scotland. We regularly assist clients both locally and internationally in relation to IP disputes. We have particular experience of patent litigation and media related copyright matters.
Data and information law
Overview
We’ve dealt with personal data projects that cross borders and continents. Millions of pounds flow under agreements we’ve drafted. We’ve extensive experience of working with clients in areas as diverse as telehealth, sports, financial services, food, drink, leisure, gambling, publishing, music, film and TV.
Mobile technology and apps
Overview
The way we use the internet is changing. Slim, light apps with simple interfaces and easy user interaction sit on top of deep mines of data drawn from multiple sources, allowing us to interact and share faster and easier.
We advise some of the largest operators in the mobile technologies sector. We know how to work with developers, of all sizes. Our approach is built around meeting needs, cognisant of client constraints, whether they be budget orientated, timescale driven, or arising from technological or project complexity.
Work
Our work revolves around identifying key strategic goals for clients and their projects, then building round these an approach designed to achieve key short and long term business objectives.
Reactec
Overview
Advising the leading UK supplier of health and safety monitoring devices in relation to successful patent litigation in the Scottish Court of Session.
Forest Research
Overview
Assisting the UK’s principal provider of research services in the forestry sector with their IP, IT and related commercial requirements.
Aqua Pharma Group
Overview
Working with Norwegian established aquaculture sector leader with multiple international commercial and IP related matters.
The National Health Service
Overview
Assisting various local and international product and service providers with their interaction with the UK NHS, and addressing various IP licensing and development arrangements for early stage technology relating to NHS developed innovation.
“A focus on the smaller parts of the creative industries and a generosity of time and spirit are what characterises Harper Macleod’s work for us.”
“Their distinguishing strengths lie in their proactive and commercial approach. They have a unique ability to pragmatically assess situations and offer advice that encompasses commercial implications.”
“Harper Macleod have a pragmatic, commercial approach, driven by cost sensitivities and the client relationship. They are extremely responsive and reliable.”
“They offer pragmatic and practical solutions to challenges and are a great resource for our business.”
“Harper Macleod provide comprehensive advice and assistance on various IT procurement and contractual issues.”
“Harper Macleod have excellent knowledge within the IT sector. They always give excellent advice.”
“Professional and efficient.”
“Excellent knowledge, happy to help. Personable. Friendly and professional. Can-do attitude.”
“Very nice, smooth and always very professional cooperation in all areas of law.”
“The firm has excellent technical knowledge and keeps us fully updated with a fast, responsive service to all questions.”
“Great, efficient and clear service supporting a consolidated global intellectual property portfolio.”
“Continuously prompt responses and always available to confirm a time to discuss matters as and when they arise.”
“Great understanding of the law and an ability to translate that for clients to easily understand.”
“Collaborative team and easy to work with.” ‘Great, efficient and clear service supporting a consolidated
“Harper Macleod has provided a first class service throughout our journey. They maintained a balanced and considered perspective on the deal throughout the process and offered guidance and direction when required. We are delighted with the quality of work by the individuals involved and how they function as a team of professionals.”
“Always attentive to customers’ needs.”
Insights
Insights
Take two: The law behind artists re-recording their music
Insights
Copyright protection beyond the author’s lifetime
Insights
Regulating artificial intelligence: The EU AI Act
Insights
Dua Lipa’s Levitation Litigation
Insights
Artists leading the fightback against the proliferation of AI
Insights
The use of artificial intelligence in the publishing industry
Insights
Ed Sheeran and the blurred lines around copyright infringement claims
Insights
The potential risks of using ChatGPT at work
CONTACT US
Call us for free on 0330 159 5555 or complete our online form below to submit your enquiry or arrange a call back.