And finally...Brexit (Brands & IP Newsnotes - issue 3)
23 October 2016
Speculation about Brexit’s impact on intellectual property rights caused the UKIPO to release its guidance note “IP and Brexit: The Facts” in August.
The guide is short and essentially says that for now it is business as usual because we are still in the EU. The extent of the impact will depend upon the type of Brexit negotiated. Theresa May has announced that a ‘unique’ deal for the UK is required. We can only hope that is achieved and that it takes accounts of the needs of rights owners.
What won’t change (much)?
Patents and copyright are likely to see the least change – at least initially. Patents will continue to be obtained via the European Patent Office and the UK IPO. Divergence on copyright law may occur over time as disputes are resolved before the courts. But any change is likely to be slow and copyright will still be subject to international treaties.What probably will change?
Once the UK is out, it is unlikely to be part of the Unitary Patent Court or the European Trade Mark and registered design regimes. This could mean increased costs for rights owners who will likely need to apply for national registrations in the UK in addition to any registrations they hold in European territories. EU brands owners will need EU-wide rights to continue use of EU customs notices to prevent infringing goods entering the EU and will have to make additional recordals at the UK border control.
What we hope won’t change
Currently, legal representatives of countries in the EEA can appear before the European courts and the EUIPO (though non-EU member EEA states cannot appear before the EUIPO on community design matters). We hope any Brexit deal will include the right for UK lawyers and attorneys to continue to represent their clients before the EUIPO and European courts.
What can you do now?
Review national filing strategies, territories and definitions in existing/new IP licences and agreements. Watch this space!
This article was first published in the Brands & IP newsnotes publication - issue 3.
Related items
Brand owners gain another tool in the war against counterfeits (Brands & IP Newsnotes - issue 3)
23 October 2016Brand owners will welcome a ruling from the CJEU over the summer that an operator of a physical marketplace can be an ‘intermediary’ for the purposes of Article 11 of the IP Enforcement Directive.
IPO doesn’t see anything wrong with Specsavers’ trade mark (Brands & IP Newsnotes - issue 3)
23 October 2016Specsavers has managed to get its application to register “should’ve” (as in, “should’ve gone to Specsavers”) past the examination stage at the UK’s Intellectual Property Office (IPO).
Can you tell what it is yet? (Brands & IP Newsnotes - issue 3)
23 October 2016Those looking to register shapes as trade marks have had a tough time of it recently. Attempts to register the shape of a Kit Kat, various bottles and a toothbrush have all recently failed in the UK and EU.
Karen Millen - lessons from an SPA (Brands & IP Newsnotes - issue 3)
23 October 2016Karen Millen, founder of the Karen Millen fashion brand has lost a High Court challenge to use her own name for homeware in the US and China.
Pay to play (Brands & IP Newsnotes - issue 3)
23 October 2016Over the last few years, the Ministry of Justice has sought to fill the gap in its funding through repeated increases to court fees.
Pretty fly for wi-fi (Brands & IP Newsnotes - issue 3)
23 October 2016Those who provide access to free wi-fi networks will be breathing a sigh of relief after the CJEU’s judgment this September that providers of such networks can benefit from protection under the E-Commerce Directive.
Hyperlinks – the saga continues (Brands & IP Newsnotes - issue 3)
23 October 2016The CJEU has issued another judgment on copyright infringement and hyperlinking; this time in relation to linking to unauthorised content.
And finally...Brexit (Brands & IP Newsnotes - issue 3)
23 October 2016Speculation about Brexit’s impact on intellectual property rights caused the UKIPO to release its guidance note “IP and Brexit: The Facts” in August.