Funding IP litigation In Scotland

Working with SMEs and start-ups on their intellectual property (IP) strategy, I often find that clients can be concerned about the prospect of large corporations stealing and exploiting their ideas. With stories of significant patent disputes between tech giants regularly in the headlines, many ask me why they should protect their IP if they cannot afford to enforce it against a large corporation?

Earlier this month, the Scottish Government published its Legislative Programme for 2016-17 which includes the Expenses and Funding of Civil Litigation Bill. According to the Scottish Government, "the Bill is an important part of the Scottish Government's commitment to making the civil justice system more accessible, affordable and equitable. It will introduce measures to make the costs of civil action more predictable, to extend the funding options for pursuers..." This is likely to be good news for Scotland's businesses.