Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

15 Withdrawal of privilege against self–incrimination in certain proceedings relating to intellectual property. S

(1) In any proceeding to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose him to proceedings for a related offence or for the recovery of a related penalty—

(a) from answering any questions put to him in the first mentioned proceedings ; or

(b) from complying with any order made in those proceedings.

(2) Subsection (1) above applies to civil proceedings in the Court of Session or the sheriff court—

(a) for infringement of rights pertaining to any intellectual property or for passing off ;

(b) brought to obtain disclosure of information relating to any infringement of such rights or to any passing off ; and

(c) brought to prevent any apprehended infringement of such rights or any apprehended passing off.

(3) The proceedings referred to in subsection (2) above include—

(a) proceedings on appeal arising out of these proceedings ;

(b) proceedings under section 1(1) of the M1 Administration of Justice (Scotland) Act 1972 (provision in relation to the power of the court to order inspection of documents and other property etc.) which relate to civil proceedings falling within subsection (2) above which are likely to be brought.

(4) No statement or admission made by a person—

(a) in answering a question put to him in any proceedings to which subsection (1) above applies ; or

(b) in complying with any order made in such proceedings,

shall in proceedings for any related offence, or for the recovery of any related penalty, be admisssable in evidence against him :

Provided that this subsection shall not render ant such statement or admission inadmissable against him in proceedings for perjury or contempt of court.

(5) In this section—

“intellectual property” means any patent, trade mark, copyright [F1 or design right], registered design, technical or commercial information or other intellectual property ;

“related offence”, in relation to any proceedings to which subsection (1) above relates, means—

(a) in the case of proceedings within subsection (2)(a) or (b)—

(i) any offence committed by or in the course of the infringement or passing off to which those proceedings relate ; or

(ii) any offence not within sub-paragraph (i) committed in connection with that ing fringement or passing off, being an offence involving fraud or dishonesty ;

(b) in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the pursuer relies in those proceedings.

“related penalty”, in relation to any proceedings to which subsection (1) above relates, means—

(a) in the case of proceedings within subsection (2)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement or passing off to which those proceedings relate ;

(b) in the case of proceedings within subsection (2)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the pursuer relies in those proceedings.

Textual Amendments

F1 Words inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 303(1), Sch. 7 para. 32

Modifications etc. (not altering text)

C1 S. 15 extended by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 296(6)(b), 298(4)

C2 S. 15 extended (with modifications) by S.I. 1987/1497

C3 S. 15 applied (31.10.2003) by 1988 c. 48, ss. 296(7)(b), 296ZA(5)(b), 296ZD(6)(b) (as inserted by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 1, 24(1) (with regs. 31-40))

C4 S. 15 applied (31.10.2003) by 1988 c. 48, s. 296ZG(6) (as inserted by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 1, 25 (with regs. 31-40))

C5 S. 15(5) extended by Patents, Designs and Marks Act 1986 (c. 39, SIF 67A), s. 2, Sch. 2 Pt. I para. 1(2)(h)

S. 15(5) amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art.2

Marginal Citations

M1 1972 c. 59.