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MacRoberts LLP

Work 0131 229 5046
Fax 0131 229 0849
Dundee, Edinburgh, Glasgow

David Gourlay

Work 0131 248 2211
MacRoberts LLP

Work Department

IP, Technology and Commercial




David advises on intellectual property, information technology and information management law and all types of commercial contract, and has particular expertise in advising on outsourcing arrangements, IT procurement, brand protection, data protection, data security and freedom of information compliance. He works with clients across a wide range of sectors including financial services, technology, life sciences, food and drink, education, sports, manufacturing and central and local government.

David is Accredited by The Law Society of Scotland as a specialist in Intellectual Property Law, and is a member of the International Trade Marks Association and the Licensing Executives Society.


International Trade Marks Association
Licensing Executives Society


The University of Edinburgh

Scotland: TMT (technology, media and telecoms)

IT and telecoms

Within: IT and telecoms

MacRoberts LLP ‘provides a high-quality service’ on a range of IT-related matters including procurement, managed services and software licensing agreements, and contentious and non-contentious IT contract issues. David Gourlay advised the Scottish Fire and Rescue Service on contractual documentation pertaining to the procurement of a command and control platform to replace the mixed portfolio of systems currently in use across eight Scottish legacy Fire Services. He also assisted Disclosure Scotland with the preparation of procurement and contractual documentation for the procurement of an IT system to replace its legacy systems and transform services. In other work, the team advised Kames Capital on a new intra-group services agreement to regulate the provision and receipt of services. In litigation, the practice acted for an executive agency of the Scottish government in a commercial Court of Session action against a global IT contractor, which arose from the termination of an ICT contract due to the contractor’s default. Also recommended are David Flint, the ‘hardworking and extremely knowledgeable’ Val Surgenor, who is noted as being ‘calm, exceptionally practical and highly conscientious’, and Euan Duncan, who ‘provides straightforward advice’.

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Intellectual property

Within: Intellectual property

MacRoberts LLP is well equipped to advise clients on trade mark, brand and copyright protection matters, and IP and software licensing. The firm also handles IP disputes. David Gourlay advised Brownings the Bakers on a dispute with Kilmarnock Football Club and the use of the Killie pie mark, which the sport club claims as its own, and continues to assist Kames Capital with registering its Kames and Kames Capital trade marks and the "We Invest More" strapline in the UK, the EU and a number of other jurisdictions. Euan Duncan combines ‘strong IP knowledge with an astute commercial awareness’ and is praised as ‘coming up with innovative solutions for the protection of IP and being able to handle IP disputes in a sensible and pragmatic way’. He advised the Scottish Salmon Company on the protection and commercialisation of its IP assets. In another highlight, he acted for Glencairn Crystal Studio on a number of cross-border IP infringement, commercialisation and licensing matters. David Flint heads the team, which includes the ‘hardworking and extremely knowledgeable’ Val Surgenor.

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