Welcome to the Tidman Legal website!

Oliver Tidman - Tidman Legal, Edinburgh

Thanks to Jay Feeney at Freak Design for his great work in putting it together. The business has been up and running for a few short weeks and it has been a positive start. It’s been refreshing to get out and about to meet some of the SMEs, entrepreneurs, start-ups and wider tech community in Scotland.

Brexit and Trump continue to be hot topics, but there is certainly a lot of activity and optimism about the future. The key message is “business as usual”. In terms of Brexit, having effective intellectual property (IP) protection can make all the difference in attracting investment and generating additional revenue streams for your business. Having strong IP in place, even merely a pending patent application, immediately gives potential investors comfort that you have a competitive edge.

With Article 50 likely to be invoked in March, we suggest that brand owners review their existing IP portfolios with a view to ensuring that no protection is lost as a result of the UK exiting the EU. There may, for example, be use issues post-Brexit in relation to EU trade marks that had been used exclusively in the UK. Securing separate trade mark protection in the UK before the projected 2019 exit date may therefore be advisable.

It’s also conceivable that Brexit may provide a basis for termination of contractual arrangements (force majeure, a material adverse change) and therefore it is advisable to address these issues now rather than after Brexit. Accordingly, a review of existing agreements and licensing arrangements as well as asking territorial and jurisdictional questions seems sensible.

We look forward to helping protect and commercialise your business ideas and guiding you through the legal maze of the Internet, technology, branding and Brexit!