Tartans register 'is only a cosmetic exercise'

Published on Tuesday 24 July 2007 00:31

PLANS by the Scottish Executive to set up a register of tartans will be a cosmetic exercise and will not protect designs from commercial exploitation, it has been claimed.

Earlier this month, Jim Mather, the enterprise minister, gave his official backing for a register of the thousands of tartans in existence to "protect, promote and preserve one of Scotland's most iconic and valuable assets".

Mr Mather said the Court of the Lord Lyon, the heraldic authority for Scotland, and the National Archives of Scotland would help set up an official register.

Although registration will not be compulsory, it is seen as a way of ensuring tartans are unique and authentic.

But Campbell Newell, an Edinburgh-based partner of patent and trademark attorneys Marks and Clerk, said: "There is nothing wrong in principle with a tartans register. But it will be no more than that - a register of tartans. Registering a tartan will be optional. There will be no legal requirement or protection and there is nothing in such a register to protect [against] plagiarism or the copying of a tartan.

"We have to question what it is all about. To get full protection you have to register the design as a registered design with the UK Intellectual Property Office [The Patent Office], which will protect it for up to 25 years.

"Similar protection is available in the European Community and the name of the tartan can also be registered as a trademark."

Mr Newell said registering a tartan designed for a family or private purposes was one thing, but if there were any commercial aspirations for the tartan it was essential that there was full legal protection.

He added: "Make no mistake about it - in this global-commercial world others will have no hesitation in taking advantage of a Scottish tartan which has no protection."

At present, more than 4,500 tartans are listed on the international tartan index of the Crieff-based Scottish Tartans Authority, but it is felt that without an official register there is confusion within the industry.

A report commissioned by the Executive said tartan generates more than 350 million every year for the Scottish economy and supports more than 4,000 jobs.

An Executive spokesman said yesterday: "There is a broad consensus behind the idea of a register and we will bring forward proposals in due course.

"Obviously that does not preclude individuals, businesses and organisations taking their own steps to protect their intellectual property."