Brexit: requests to Govt from IP professional bodies
This Kat looks forward to the day when she is not inundated from all quarters with the B word. For the foreseeable future however, such incursions are a fact of life for those in the UK and the issues raised are something that the IP community will have to get to grips with.
She was therefore interested to hear about a note that was sent on 22 December 2017 by the Law Society (the body representing solicitors in England & Wales) to UK ministers and officials, including the Department for Business, Energy and Industrial Strategy (BEIS) and the Department for Exiting the European Union (DExEU) headed up by David Davis.
The note is also supported by key office holders of other organisations that represent the main IP professions (namely the IP Bar, CIPA, CITMA and IP Federation). It provides a "short list" of the biggest areas where UK government action is necessary to ensure continuity and certainty of IP law and to prevent disruption both to undertakings which use IP services and IP service providers.The letter is now available on the IP Federation's website.
Recommendations
The note has key recommendations for the UK Govt and requests that it takes action in the following areas:
1. Continuation of EU-derived rights - either by negotiating a package of rights to secure the continuation of all existing substantive and procedural pan-European rights and defences, or if that is not achievable, by legislating for the automatic continuation in the UK of EU rights;
2. Unitary Patent/Unified Patent Court Agreement - the note seeks confirmation that it is the UK's intention to stay in the UPC following Brexit, and asks that the UK work with UPC member states to bring the UPC/UP into effect and ensure the UK's participation following Brexit;
3. Exhaustion of Rights - the note points out that industry needs to know what exhaustion rules will apply post-Brexit to goods first placed on the market: in the UK, in the EEA or internationally, and invites the government to consult widely and publicise its position on exhaustion;
4. Rights of Representation - the government is urged to treat continued rights of representation of UK IP professionals based in the UK as a priority and ensure that they continue in all relevant EU forums;
5. Mutual recognition of judgments - the government is urged to "urgently negotiate arrangements with the EU that continue in force the substance of the current arrangements under the Rome and Brussels regulations, so as to give the fullest reassurance." This Kat notes that this issue is important for all litigation in the UK.
The note also highlights that many other important points of detail in the field of IP will need to be negotiated and resolved as part of Brexit, and concludes that the necessary transition period is likely to be "several years". This Kat cannot recall any other instances of cooperation across all the IP professional organisations on such broad topic areas, and welcomes the initiative taken by these bodies during this crucial period.
She was therefore interested to hear about a note that was sent on 22 December 2017 by the Law Society (the body representing solicitors in England & Wales) to UK ministers and officials, including the Department for Business, Energy and Industrial Strategy (BEIS) and the Department for Exiting the European Union (DExEU) headed up by David Davis.
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| Seasons greetings from the UK IP professions |
The note is also supported by key office holders of other organisations that represent the main IP professions (namely the IP Bar, CIPA, CITMA and IP Federation). It provides a "short list" of the biggest areas where UK government action is necessary to ensure continuity and certainty of IP law and to prevent disruption both to undertakings which use IP services and IP service providers.The letter is now available on the IP Federation's website.
Recommendations
The note has key recommendations for the UK Govt and requests that it takes action in the following areas:
1. Continuation of EU-derived rights - either by negotiating a package of rights to secure the continuation of all existing substantive and procedural pan-European rights and defences, or if that is not achievable, by legislating for the automatic continuation in the UK of EU rights;
2. Unitary Patent/Unified Patent Court Agreement - the note seeks confirmation that it is the UK's intention to stay in the UPC following Brexit, and asks that the UK work with UPC member states to bring the UPC/UP into effect and ensure the UK's participation following Brexit;
3. Exhaustion of Rights - the note points out that industry needs to know what exhaustion rules will apply post-Brexit to goods first placed on the market: in the UK, in the EEA or internationally, and invites the government to consult widely and publicise its position on exhaustion;
4. Rights of Representation - the government is urged to treat continued rights of representation of UK IP professionals based in the UK as a priority and ensure that they continue in all relevant EU forums;
5. Mutual recognition of judgments - the government is urged to "urgently negotiate arrangements with the EU that continue in force the substance of the current arrangements under the Rome and Brussels regulations, so as to give the fullest reassurance." This Kat notes that this issue is important for all litigation in the UK.
The note also highlights that many other important points of detail in the field of IP will need to be negotiated and resolved as part of Brexit, and concludes that the necessary transition period is likely to be "several years". This Kat cannot recall any other instances of cooperation across all the IP professional organisations on such broad topic areas, and welcomes the initiative taken by these bodies during this crucial period.
