Wednesday, 19 October 2016

What is the Law in Your Life?

5 things you need to know about ScotLIS:

1.   ScotLIS is the acronym for the proposed Scottish Land Information Service which will be an authoritative "one stop shop" for information on land and property in Scotland.

2.  All properties in Scotland will have a Unique Property Reference Number ("UPRN") which will be used as a method of identifying properties. Access to ScotLIS is likely to be by way of UPRN, Title Sheet number and/or Post Code.

3.   Registers of Scotland are responsible for the creation of ScotLIS and the first iteration thereof will be in place by October 2017.

4.   An integral part of ScotLIS will be a definitive cadastral-based plan which will ultimately show the line of pubic utilities and their such data. This is the way in which other systems operating elsewhere in the world function e.g. Infoland in Norway.

5.   Other bodies assisting in the work of creating ScotLIS include the Improvement Service; Ordnance Survey; The Law Society of Scotland; and the Royal Institution of Chartered Surveyors.

Friday, 30 September 2016

What is the Law in Your Life?

5 things you need to know about Keeper Induced Registration:

1.   In terms of The Land Registration etc (Scotland) Act 2012 ("the Act"), the Keeper of the Land Register is entitled to induce registration of title to properties in the Land Register. This is known as Keeper Induced Registration ("KIR) and is supplementary to the registration of title by way of transfer of title or by voluntary registration.

2.  The Keeper has accepted an obligation to complete the Land Register by 2024. This is an ambitious target. KIR will be used to help accelerate the programme of registration of title. Registers of Scotland will engage with the legal profession, local authorities and agencies such as citizens advice bureaux in a particular area before KIR happens for that area. Individual landowners will be notified once their title has been brought onto the Land Register.

3.   Initially, KIR will only be used in 3 Land Register Research Areas: Carnoustie Edinburgh (Murrayfield); Glasgow (Bearsden). KIR will then be rolled out across the country in appropriate circumstances.

4.   Where a title is transferred to the Land Register by KIR, the owner will not incur any of the costs of the transfer. All work will be undertaken by the Keeper''s staff. The owner will receive a letter informing him/her that the title is to be registered using KIR and will be asked to confirm a few facts as summarised in a letter from the Keeper. An obvious example of where KIR will be useful is where the title to say, 5 out of 8 flats in a tenement block are registered in the Land Register but the other 3 titles are not. It will be expedient and beneficial for the remaining 3 titles to be registered.

5.   A title registered using KIR will, to all intents and purposes, look like a title registered in the normal way under the Act. It will be a facsimile of the title which is, at that time, recorded in the Register of Sasines. The Keeper will bear the costs of registration and so there will be no additional cost to a homeowner.  The owner will benefit from a state-backed guaranteed title.  There will be no erosion of rights for homeowners whose titles are brought onto the Land Register by the KIR process itself.

Monday, 12 September 2016

What is the Law in your Life?

5 things you need to know about Dilapidations in Leases:

1.   Although the obligation to repair/renew a property leased from a landlord may differ from lease to lease, the tenant in all cases will have an obligation to return the property in an appropriate condition at the end of the lease. In some cases, this will be by reference to a photographic Schedule of Condition prepared and agreed between the landlord and the tenant at the commencement of the lease.

2.   Most commercial leases entitle the landlord to enter the leased subjects in order to assess the state of repair at any given time during the lease term with the tenant being obliged to remedy any wants of repair identified in an interim Schedule  of Dilapidations.  Tenants are advised always to check such schedules to ensure that the works identified therein are really their obligation in terms of the lease.

3.   In principle, the rectification of dilapidations in a leased property is appropriate. Care should always be taken however to ensure that the works identified therein represent repairs rather than extra-ordinary repairs or improvements where such may not be  the responsibility  of the tenant.

4.   This, perhaps, is no more obvious than at the end of the term of a lease where what are called terminal dilapidations are identified by the landlord. Such schedules should be served timeously in terms of the lease and be examined carefully against what the lease states with regard to the tenant's obligation to reinstate the property to the condition it was in at the commencement of the lease. If available, the schedule should be assessed against a photographic record of the condition of the property as at the date of entry.

5.   In certain cases, the lease may provide for a payment to be made by the tenant to the landlord akin to the rent which the landlord would otherwise be entitled to receive if it was letting a unit in good tenantable condition and repair to a new tenant following the expiry of the former lease. If such a provision is in a lease, the tenant should seek to limit the period during which such a payment will be due.

Friday, 12 August 2016

What is the Law in your Life?

5 things you should know about creating a new website for your business:

1.  Take up competitive quotes and ask for examples of recent work and details of customers to speak to. Prices can vary considerably - as can quality of product.

2.  Make it a condition of appointment that the website designer assigns his/her copyright and any design right in the website to you as a condition of engagement. This must be in writing.

3.   Ensure that the Distance Selling Regulations are complied with if applicable:

4.  Do not use photographs or images where you do not own the copyright in same. Mistakes can be very costly!

5.   Endeavour to make it as "future proof" as possible and do not make it so detailed as to be unattractive. Remember it is, in essence, your shop window to the world.

For more information on any aspect of this note, please contact Scott Brymer at (details)

Thursday, 28 July 2016

New legislation Briefing: The Assessment of Energy Performance on Non-Domestic Buildings (Scotland) Regulations 2016

As of 1 September 2016, The Assessment of Energy Performance on Non- Domestic Buildings (Scotland) Regulations 2016 (the ‘Regulations’), will come in to force. This will require action to be taken by many businesses across Scotland to ensure that their business premises are compliant. This briefing note is designed to give an overview of what to expect.


The Climate Change Act 2009 has introduced the Regulations with the aim of improving the energy efficiency of commercial properties and helping the country meet internationally agreed energy targets. The Regulations will require some property owners to report on the energy efficiency of their buildings and to act on the findings. As a result, local authorities will have authority to impose a £1000 penalty for non-compliance (for each failure).

Who will the Regulations apply to?

Initially, qualifying buildings will only be larger commercial buildings (or units within a building) with a floor area of 1,000 m2 or more, that are already required to provide an Energy Performance Certificate (‘EPC’). 

What action must be taken by owners of a qualifying building?

If your building qualifies, the point at which the obligation is triggered comes at sale or lease of the building. After obtaining an EPC, in line with current requirements, step one is to perform an assessment with the aim of identifying improvements in energy efficiency (examples may include boiler replacement, inclusion of insulation etc.). Step two is to translate those identified improvements into an Action Plan which will indicate measures to be taken to realise the improvements. This Action Plan will have to be exhibited to prospective tenants or buyers (who will be deemed as such, for this purpose, as soon as they request information on the building with a view to deciding on whether or not to rent or buy). 

Do the actions have to implemented immediately?

An owner may choose to defer the physical improvement timetable if they monitor and report the building’s operational energy ratings annually. If, however, an owner opts to implement the improvements, they have 42 months in which to do so.

Which buildings or scenarios are not exempt or excluded?

Action to assess and improve or report on the efficiency of a building will not apply to:

  • Buildings that meet the energy standards equivalent to those introduced by the 2002 Building Regulations.  
  • Buildings which do not require an EPC.
  • Buildings that have already undergone improvements via Green Deal.
  • Temporary buildings with a planned time of use of 2 years or less.
  • Buildings and building units on which construction has not been completed.
  • Workshops and non-residential agricultural buildings with low energy demands.
  • The sale or lease of a building at any time before the construction of the building has been completed.
  • The renewal of an existing lease with the same tenant.
  • The grant of a "short term lease" (not more than 16 weeks with no option to extend) where the building has not been let by the owner during the preceding 36 weeks.

If you would like more information about the Regulations or their impact on your business, please contact us.

Wednesday, 18 May 2016

Intellectual Property: Changes on the Horizon

The UK Intellectual Property Office (IPO) last week published a document outlining proposed strategy for dealing with Intellectual Property (IP) infringement.

‘Protecting creativity, supporting innovation: IP enforcement 2020’ can be viewed here.

The document sets out how the UK IPO will concentrate future actions in the following key areas:

1.    Reducing the level of illegal content online

Making it easier for consumers to recognise and avoid copyright-infringing Websites by:
  • Reviewing notice and takedown procedures to improve and streamline the process and consider the scope for introducing a Code of Practice for intermediaries;
  • Examining the scope for introducing a system of notice and track down to enable rights holders to take action directly against the identified infringer;
  • Pushing within Europe for clarification of the current EU rules around platform liability and improving the current system to allow rights holders to more effectively protect and legitimately exploit their copyright; and
  • Developing our understanding of the challenges posed by set-top boxes and IPTV (Internet Protocol Television), and work with partners to tackle this emerging and fast growing method of infringement.

2.    Tackling the trade in counterfeit goods

The IPO will be working as the focal point for a number of other government bodies collectively attempting to address this. It will be doing this by:
  • Continuing to provide a dedicated intelligence hub to support the delivery of key objectives under the Home Office Serious and Organised Crime Strategy;
  • Continuing to invest resources in helping those countries identified as key sources of counterfeit goods improve their IP laws, identify criminals and stem the flow of illegal goods to the UK;
  • Encouraging the use of the UK Poise framework – a framework for future IP enforcement initiatives created by IPO – among international organisations such as Europol, Interpol, OLAF, EUIPO and the UN to help protect IP rights in the UK;
  • Helping to develop broader disruption measures with law enforcement agencies and regulatory authorities to make IP crime less attractive for criminals. This includes encouraging the increased use of POCA in IP investigations to ensure that money spent in the UK on counterfeit goods is identified, seized and assets removed from criminals, and work with HMRC to tackle unpaid tax and duty on IP infringing goods, for the benefit of the UK treasury.

3.    Further strengthening the legal framework to facilitate easier access to justice

There will be a review of existing legal resource to ensure UK business have adequate legal means to protect their IP and have the means to take necessary legal action, examples may include:
  • Looking at the case for introducing specific legislation to respond to the emergence of fulfilment houses (companies that specialise in warehousing and packing for others), which are increasingly being used to facilitate the sale of counterfeit, unsafe, smuggled and mis-described goods in the UK;
  • Considering what legislation would be effective in addressing the growing problem of illegal streaming via set top boxes. Protecting creativity, supporting innovation: IP enforcement 2020; and
  • Investigating the scope for legislation to take action against search engines, ISPs and platforms that facilitate or otherwise support those involved in infringement and counterfeiting.

4.    Increasing education, awareness and building respect for IP

The IPO intends to become the primary source of IP enforcement information in the UK, and by working with industry partners, law enforcement agencies and stakeholders in the public and private sectors educate the public as to the harm of infringement and the benefit of using legitimate options. It will do so by:
  • Helping businesses through the UK PatLibs network at their 16 regional centres, the majority based in city centre libraries, to support, develop and increase understanding of IP enforcement;
  • Offering enforcement advice and information for business advisors through IPO workshops and IP Master Class training;
  • Delivering the IPO funded IP Audits Plus programme, including the enforcement of rights, aimed at businesses with growth potential;
  • Educating consumers to engender greater respect for IP rights, by:
  • Supporting industry in promoting the diverse sources of legal content available to UK consumers by promoting UK sites that aggregate sources of legal content, such as and  This extends at the European level where we are playing an active role in the EU’s efforts to develop similar resources for each and every member state;
  • Encouraging and supporting industry partners in promoting greater respect for IP through products and services aimed at children and students, our future innovators, reaching teachers by providing IP education resources and lesson plans linked to the curriculum via the IPO’s Cracking Ideas portal and supporting competitions; and
  • Delivering enforcement information to university students via the IP Tutor tool.

5.    Making it safer for UK rights holders and businesses to trade internationally

The IPO states its intention to work in conjunction with global partners and stakeholders to achieve improvement.
  • Using economic evidence to set the context of IP infringement. This demonstrates that IP infringement and IP crime is not victimless, but has a real cost, for example in terms of loss of tax and other receipts, its links to organised crime, and the harm to consumers through dangerous products. We show the benefits of a fit for purpose IP system – its contribution to a country’s economy – and try to explain that a well-functioning global IP system is in everyone’s interests;
  • Engaging at a high-level. Using senior Government interaction to reinforce our messages with international partners, and holding regular dialogues with our counterparts in key markets. We use these opportunities to set out what we see as UK best practice and leadership on enforcement issues; and
  • Providing practical training and engagement for IP enforcement practitioners (such as Police, Customs, and Trading Standards equivalent). This is provided through an appropriate mix of project-based external providers and UK experts in IP enforcement.

6.    Improving the evidence base

The IPO is looking at ways to understand the scale of infringement and the impact of policy on trends. Methods for achievement are varied but will include:
  • Developing a comprehensive scoreboard to be published annually and combining the available data on the prevalence of civil and criminal IP infringement;
  • Developing more accessible civil and criminal IP court data; and
  • Making it easier to record IP offences.
The UK IPO’s plan is for this strategy to take shape over the next four years. The various complexities will see some outcomes delivered quicker than others, but overall this documents indicates a strong commitment on the UK IPO’s behalf to tackle IP infringement.

Monday, 18 April 2016

The Killie Pie - a tasty reminder to all businesses to protect their intellectual assets

‘Trade Mark: KILLIE PIE; Status: Opposed’. 

So reads the UK Intellectual Property Office Case Details for trade mark UK00003139173, otherwise known as ‘KILLIE PIE’ (Classes 29, 30, 35 and 43). 

The award winning pie (back to back titles, no less), is an infamous pie sold at Kilmarnock FC’s home ground, Rugby Park. Having gained favour among Scottish football fans, known discerning connoisseurs, the pie has become a household name. The question is: whose name? 

Though more often an accompaniment to reading the papers, the Killie Pie is now leading the headlines, having become the subject of a trade mark bun fight between bakers, Brownings the Bakers Limited (Brownings), and the company running Kilmarnock football club, Kilmarnock Football Club Limited (KFCL).

Brownings, who have been contracted by KFCL to supply match day catering at Rugby Park since 2003, sought on 04 December 2015 to file for the trade mark ‘KILLIE PIE’ ( ). In so doing, however, they have enraged KFCL, who are claiming that their registered mark of ‘KILLIE’ already covers baking ( ). Further, KFCL claim that Brownings’ use of the name ‘Killie Pie’ had only ever been allowed by virtue of a royalty free licence to use the mark. Following the furore, KFCL have declared a termination of contractual arrangements with Brownings.

For a season in which the baking has probably been the only highlight for the Killie boys- more panettone than Luca Toni if you will- the fuss must come as an unwelcome distraction to the relegation battle.  

Whatever the outcome, the analysis will conclude that all businesses need to be aware of their intellectual property assets and take proper action to put in place the necessary contractual provisions with their suppliers- however long they may have worked together.

For the Franco Baresi of intellectual asset defence, contact Brymer Legal.