CIPA President Updates on Brexit and IP

Published: 29 August 2019

As the potential for a no-deal Brexit intensifies, CIPA is continuing to lobby the Government to seek the best possible outcome for UK businesses and rights holders. Although the European Patent system is not affected by Brexit, there will be an impact in respect of EU Trade Marks and Design Rights.

CIPA President Julia Florence said: “Over the past three years we have made very clear to Government our views on the potential negative consequences of Brexit and we have made constructive proposals for reducing the impact on the UK IP profession and indeed all users of the UK Intellectual Property system. 

“We continue to make the case for a deal with the EU in order to ensure continuity and certainty of intellectual property laws and to prevent disruption for IP rights holders and IP service users.

“We will continue our work with the Department for International Trade to ensure the proper consideration of intellectual property in the negotiation of future international trade agreements.

“It will be business as usual for patents whether or not the Government agrees a deal with the EU because the European Patent system is not governed by the EU.

“For trade marks and designs, the impact of Brexit is different.  EU Trade Marks and Registered Community Designs are granted by the EU Intellectual Property Office (EUIPO) and are governed by EU regulations.

“The Government has stated that the UK will replicate EU rights on the UK register and that the holders of pending applications will be able to refile for a UK equivalent right within nine months of the date of exit so as to preserve their filing and priority dates.

“The Government has also confirmed that unregistered Community designs will continue to be protected in the UK.

“We have urged the Government to include the UK’s continued participation in the EU trade marks and designs system in ongoing negotiations with the EU. Such participation would be beneficial for all users of the system and have the effect of maintaining rights of representation for UK-based European trade mark and design attorneys.

“Looking further ahead, we have also continued to advocate for the UK to remain a member of the Unified Patent Court (UPC) and Unitary Patent systems, as and when these come into force.”

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