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.
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:-