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London Tech Week, the week long festival showcasing the best of tech and innovation, returns again this year between 11th and 17th June and Keltie will be taking part with the following two free events: (more…)
The EU-UK draft withdrawal agreement was republished recently to show which sections have been agreed and which sections require further discussions. The agreement has been helpfully colour coded into green sections (agreed provisions, technical legal revisions only) and yellow sections (policy agreement, drafting changes required). Sections that are left white represent terms proposed by the EU where negotiations are still required.
The draft withdrawal agreement contains a provision for a transitional period (Article 121) which will run from the UK’s official exit from the EU (on 29 March 2019) until the end of 2020.
A summary of the provisions that relate to intellectual property (IP) is provided below. It is noted that the articles of the withdrawal agreement that relate to IP (Articles 50-57) contain a mixture of green and white sections. The “green” provisions that have, in principle, been agreed are: (more…)
In June 2016 the UK voted to leave the European Union, raising many questions around EU Trade Marks and Community Designs, as well as representation rights before the EUIPO.
Keltie’s “United in Europe” video below highlights our response to Brexit.
Keltie LLP 3 May 2018
The EUIPO has recently published a Q&A document relating to the impact of Brexit on EU trade marks (EUTMs) and registered community designs (RCDs). This document was effectively the third publication on the impact of Brexit on Intellectual Property after the EU Commission’s position paper last year and the EUIPO’s notice which was published in December 2017 (and updated in January 2018). (more…)
Last Wednesday the European Commission published its draft Withdrawal Agreement relating to the withdrawal of the UK from the EU and the European Atomic Energy Community. This was followed a couple of days later by a speech from the Prime Minister which set out some more details about the UK position. Intellectual property got a mention in both the Withdrawal Agreement and the Mansion House speech. (more…)
The phenomenon of counterfeiting has been around as long as couture itself. The rise of the internet and e-commerce has created an ideal breeding ground for counterfeiting due to the anonymity it provides and the proliferation of distribution channels. Protection against counterfeiting is difficult because it requires continuous monitoring of a brand and how its trade marks are used. (more…)
“Uncertainty abounds” might as well be the summary for any article that’s written at the moment about Brexit.
After a 2017 in which the Prime Minister apparently sought to find out just how many times she could shoot her own party in the foot (triggering Article 50 before the UK was ready, setting out unnecessary redlines and calling a snap General Election) we somehow managed to agree a deal in the first phase of the EU talks. However, the shape of the UK’s post-Brexit relationship is still unknown and the negotiations are on a break while everyone works out what they want. (more…)
On 5th December, the European Commission issued a notice, countersigned by the EUIPO, to right-holders of, and applicants for, EU trade marks (EUTMs) and Registered Community Designs (RCDs), looking at the potential scenario in which no agreement is reached between the UK and the remaining 27 EU Member States in the Brexit negotiations.
The notice states that, unless a ratified withdrawal agreement establishes another withdrawal date or the period is extended, on 30th March 2019 the UK will become a “third country”, i.e. it will no longer be an EU Member State. Any EUTM or RCD rights granted by the EUIPO on or after the withdrawal date will only be valid in the 27 EU Member States and will no longer have effect in the UK.
It is expected that the UKIPO will recognise EUTMs and RCDs that were registered prior to the above cut-off date by granting protection on the UK Register. However, IPcopy recommends giving consideration to filing UK and EU trade marks and designs simultaneously, to ensure adequate protection. (more…)
As noted in our post earlier this week, the European Commission has released its position paper on the treatment of intellectual property (IP) rights (including geographical indicators) after the UK completes its exit from the EU. It sets out general principles on unitary IP rights, geographical indicators, exhaustion, supplementary protection certificates and the protection of databases.
CITMA recently published its position paper on post-Brexit registered trade mark and design rights, and rights of representation. Many elements of the EU paper reflect the position of CITMA, in particular the unitary character of IP protection for European Union Trade Marks (EUTMs) in the UK and EU after the withdrawal date. However, there are two aspects of particular interest to UK practitioners that were not addressed: rights of representation and reciprocity of UK geographical indicators. (more…)
Earlier in September the European Commission published this position paper on Intellectual Property Rights (including geographical indications) in the context of negotiations under Article 50 TEU.
The position paper, which runs only to 5 pages (actually a fairly meagre 3 and a half pages once you strip out the cover sheet and white space), notes that the UK’s withdrawal from the EU will create uncertainty both for Intellectual Property Right (IPR) holders in the UK and the remaining 27 members of the EU (EU27) in relation to the scope of protection of intellectual property rights.
The position paper goes on to set out some general principles that should apply when the Withdrawal Agreement comes into force. The paper mentions trade mark rights, design rights, supplementary protection certificates (SPCs), database rights and exhaustion of rights. Much media attention was also directed toward the section on Geographical Indications (GIs).
IPcopy has summarised the main points of the paper below but feels like the paper comes across as a bit of a weak effort. It’s quite a high level document which is looking at matters pretty much only from the point of view of EU27 stakeholders. There is nothing on representation rights for EU trade mark and design attorneys (which is important for UK stakeholders as well as attorneys) and nothing on the unitary patent system.
The paper also strays, to my mind at least, into the territory of future arrangements (see reference to UK putting in place domestic legislation for GIs) which is something that Michel Barnier said wouldn’t happen until “sufficient progress” had been made on the withdrawal negotiations. Or maybe I’m reading too much into it….. (more…)