Scottish case tests intellectual property rights

With the rush to new 'green' technologies (particularly renewable technologies) these days, a recent case delivered a salutory reminder to make sure you have the right to fully exploit a given technology.

In their action in the Court of Session in Edinburgh, Pine Energy Consultants Ltd attempted to sue Talisman Energy (UK) Ltd for royalty payments alleged to be due in lieu of involvement at the development stage of an offshore wind farm.

Pine Energy claim that Talisman exploited a concept for developing and operating an industrial scale over the horizon deep water offshore wind farm in the Moray Firth, derived by Pine Energy, presented to them in a meeting in August 2000.

Although the judge did not rule in favour of any of the parties he stated that Pine Energy did 'in principle have a relevant case' but only in respect of alleged misuse of their concept presented at a meeting in 2000.

He remitted the case back to Pine Energy in order that they may amend the pleadings in their case with a view to it moving forward.

The opinion of Lord Glennie is available via the link below:-

http://www.bailii.org/scot/cases/ScotCS/2008/CSOH_10.html

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