Intellectual property rights - Regulation 10(5)(c)

The main points

  • Regulation 10(5)(c) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) allows a Scottish public authority to withhold environmental information if its disclosure would, or would be likely to, cause substantial prejudice to intellectual property (IP) rights. IP rights include things like copyright.
  • In common with other exceptions in the EIRs:
    • the exception is subject to the public interest test in regulation 10(1). This means that, even if the exception applies, the information should still be disclosed unless the public interest in withholding the information outweighs the public interest in making it available.
    • the exception can be relied on regardless of the age of the information.

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EIR Briefing - Regulation 10(5)(c): Intellectual property rights

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