Scottish F&D firms warned to protect IP as exports boom

Scottish food and drink businesses are being urged to ensure they are protecting their rights abroad after exports hit an all time high. Aidan Clarke from Marks & Clerk welcomed the boom in Scottish exports, which totalled £5.5 billion, but cautioned businesses on the importance of guarding their intellectual property (IP).

The trademark attorney, who is based in the firm’s Glasgow office, comments, “The hot topic when it comes to exports has been Brexit, with the industry currently focusing on trade negotiations and ensuring the flow of goods. But as exports reach record levels there is another threat to businesses that is much less talked about, affecting worldwide trade, and it centres around IP rights.

“When you move into new markets without adequate protection you could be in serious trouble. Others could use your brand name, potentially stopping you from operating in those markets or worse, you could face an injunction.”

The companies which get caught are often coming off the back of immediate success, have limited legal knowledge or resources and have moved into new territories unprepared. They may excel at product marketing or logistics, but simply overlook the intellectual property element. Marks & Clerk says it’s not unheard of for companies to seek help only after they have started trading overseas, which carries risks.

In short, companies should not rely on their trading activities at home as a defence to infringements, the company warns. In some markets, if you don’t have a trademark registration, you simply have no rights.