Scottish Tartan Register bill published

[Nick Fiddes]

Many of you may be interested to hear that a bill was introduced to the Scottish Parliament yesterday to establish the new official Scottish Tartan Register that I've mentioned a few times on these pages.

As I'm on the steering committee working on it (and enjoyed the rather posh launch do last night in a rather grand setting in Edinburgh's Register House) I'm a little uncertain exactly what I can and cannot say publicly. So for now I've just put a short item on our blog with a few relevant links for anyone interested. See: http://blog.scotweb.co.uk/

[Jock Scot]

Great! Not before time.

[andyfg]

Nick, very interesting. I read the Bill quickly. I did not see anything about existing tartans. I assume that the present STA listing will transfer to the new system. Perhaps not.

[Nick Fiddes]

Yes, STA and STWR will basically be amalgamated into a single definitive and developing reference source.

[Dirk Skene]

Thanks Nick. I bookmarked your blog page.

[JerseyLawyer]

Not that I have any place to say anything about the Scottish Parliament, but good for them.

I'm curious about the Lord Lyon's involvement. It seems like he could just be involved in getting the Register set up, and the Act doesn't indicate that any legal action will arise (in the Lyon Court or elsewhere) for wearing an "assumed tartan." And I suppose that Chiefs had the option of having their tartan entered into the Lyon's records if they wanted.

[Nick Fiddes]

I'd love to clarify further for you. But the truth is that his full role has yet to be defined, not least as the new Lord Lyon who has only just been named has yet to fully take up his post, and his degree of involvement will partly be at his discretion. Unclear enough?

[gilmore]

...
I'm curious about the Lord Lyon's involvement. It seems like he could just be involved in getting the Register set up, and the Act doesn't indicate that any legal action will arise (in the Lyon Court or elsewhere) for wearing an "assumed tartan."

It looks as if the laws of trademark and copyright infringement will not be affected. In fact, from a cursory reading of the act it appears there is nothing to prevent the Keeper of the Register from registering an already existing tartan under a new name, upon application.

And I suppose that Chiefs had the option of having their tartan entered into the Lyon's records if they wanted.

Chiefs and anyone else, it appears, regardless of whether the applicant is a UK subject.

What is a parliamentary corporation? I couldn't find anything in Black's or in that controlling authority for internet discussions, Wikipedia.

Another question, probably not so easily answered, is for those who are thinking of designing a tartan and having it registered. Would it be simpler and more inexpensive to create it now and register it with STA, or to wait a year and register it with the new Scottish Tartan Register? It is unusual for governments to make things simpler and less expensive when improving upon existing customs.

[macwilkin]

Not that I have any place to say anything about the Scottish Parliament, but good for them.

I'm curious about the Lord Lyon's involvement. It seems like he could just be involved in getting the Register set up, and the Act doesn't indicate that any legal action will arise (in the Lyon Court or elsewhere) for wearing an "assumed tartan." And I suppose that Chiefs had the option of having their tartan entered into the Lyon's records if they wanted.

Apart from recording tartans, Lyon really has nothing to do with them from this standpoint:

http://www.albanach.org/official.htm

T.

[JerseyLawyer]

Apart from recording tartans, Lyon really has nothing to do with them from this standpoint:

http://www.albanach.org/official.htm

T.

Yes, I know that's the case now. I was curious if the law was going to change that in any way. From the way that the law is drafted, I would suspect that tartan will not be protected by the Lyon the same way arms are, but given that, what's his role should the law pass?

Nick, thanks for clearing that up for me.