Technology and IP
The Technology and IP team specialises in technology, intellectual property and data protection law.
We work in a range of business sectors including technology, energy and renewables, recruitment, engineering, drinks, retail, hospitality, social housing, the voluntary sector and local government.
Paul Motion, Partner, who heads the versatile niche team, is a Solicitor Advocate and data protection specialist. He was board member and immediate past Chairman of the Scottish Society for Computers and Law until 2012. He chaired the Law Society of Scotland’s Technology Committee between 2000 and 2016.
Uniquely, Paul has since 2009 presented events on stage annually at the Edinburgh Fringe in relation to the legal issues of interest to the performing arts such as copyright, parody, legal issues relating to Twitter and cyber crime.
Contact: Paul Motion, Partner firstname.lastname@example.org T: 0131 222 2939
- Scotland’s leading data protection team
The only team of lawyers in the UK to have won an appeal against a data protection fine (£250,000).
- IP Claims
Paul acted initially as a Solicitor Advocate and later as Junior Counsel to a QC in a £25 million IP claim related to the design of an offshore wind farm.
- Website and domain name disputes
Acted for a short term loans lender in very complex website and domain name case with concurrent disputes before Court of Session, WIPO/ICANN, Nominet DRS, DMCA/ChillingEffects.
- Design rights disputes
Design rights disputes re shop fittings, street furniture, fabrics.
- IP infringements
Several “Dawn Raids for cases involving IP infringement.
- Commercial action involving defective bespoke software
Acting for a company in a highly complex Commercial Action involving defective bespoke software. The case was estimated to last ten days in court but was settled out of court.
- Trade mark infringements
BTO has acted for ten years for a household name malt whisky producer on trade mark infringements and passing-off cases with both UK and international aspects, the UK elements of which were litigated by Paul Motion as Solicitor Advocate.
- Prevention of harassment on websites
Acting for numerous clients (individuals and employers) to prevent harassment on websites, social media, blogs and forums.
- Website agreements
Dealing with a range of agreements relating to the development, hosting and support of websites.
- Book publishing
Advising on a book publishing contracts.
Advising a major Scottish charity on the digitisation of its archives and the exploitation of its IP.
- Advising on complex transactions between organisations
Advising on aspects of a complex transaction (including IP) whereby a UK software company was acquired by a US organisation. The team also advised a bespoke software developer in the North of Scotland who was seeking to raise private and public investment funding.
- Data protection
Many data protection cases involving both paper and digital data.
- Licences and service level agreements
Drafting and reviewing licences and service level agreements.
"meticulous attention to detail."The Legal 500
"certainly puts the hours in, contributing to the life of the IT sector in Scotland."Chambers UK
"courteous and considerate’ and gives ‘excellent guidance."The Legal 500
"BTO is an excellent firm."BTO client
"The team really puts the client first and has expertise across a range of issues. I cannot rate them highly enough."BTO client