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Brexit: Patent, trade mark, design and GI “No Deal” notices published by UK Gov

brexit-1481028_1920It’s probably fair to say that the Prime Minister’s meeting in Salzburg last week did not go as well as the government would have hoped. Talk has now turned to the negotiations being at an impasse and the possibility of a No-Deal Brexit becoming reality seem to have increased.

Given that we’re now all staring out over the cliff edge again it seems a fitting time to take a quick look at the UK Government’s advice notices, that were published yesterday, in respect of patents, trade marks, designs and geographical indications in the event of a No-Deal Brexit. (more…)

Brexit and IP: UKIPO update on Rights of Representation

brexit-1481028_1920The UK Intellectual Property Office recently updated its “IP and BREXIT: The facts” page with further details on its plans for handling European Union Trade Marks (EUTMs), Registered Community Designs (RCDs) and Unregistered Community Designs as the UK exits the EU (see our earlier post on the subject here).

The UKIPO Brexit page also has a few new things to say on the subject of the rights of UK IP professionals to represent clients before the EU Intellectual Property Office (EUIPO). It should be remembered that as a consequence of leaving the EU (and, as things stand, leaving the EEA) UK based IP professionals who can currently represent clients on EUTM and RCD matters before the EUIPO will lose their rights of representation (see more on this subject on the CITMA website). (more…)

Brexit and IP: UKIPO update on conversion of EU Trade Marks and Registered Community Designs

brexit-1481028_1920Following statements made recently in the House of Commons during an “Exiting the European Union” debate, the UK Intellectual Property Office has updated its “IP and BREXIT: The factspage with further details on its plans for handling European Union Trade Marks (EUTMs), Registered Community Designs (RCDs) and Unregistered Community Designs as the UK exits the EU.

By way of a brief recap readers will recall the March 2018 version of the draft Withdrawal Agreement covering the UK’s departure from the EU confirmed a number of IP related elements that had been agreed (see the sections in green between Articles 50-57) but that the registration procedure (for the conversion of EUTMs and RCDs) was still the subject of negotiations. (more…)

Football Players and Trade Marks

world-cup-2018-3409220_1280The 2018 FIFA Football World Cup is well underway in Russia with the teams having played through most of the group games at the time of writing. England fans’ spirits remain unhealthily optimistic with the Three Lions having recorded their highest ever victory in a World Cup match at the weekend with a 6:1 win over Panama. Other major teams have looked unconvincing it must be said, with Argentina scraping through to the knock-out stages a couple of nights ago and defending champions Germany failing to progress out of the group stages following three abysmal performances. Who knows maybe it is England’s year after all…

Although football is the main focus, it’s hard not to notice the role that branding and sponsorships play at the World Cup. Many businesses want their brand to be associated with (and profit from) the world’s most widely viewed sporting event. Following the recent news that England striker Jesse Lingard has registered his goal celebration as a trade mark, we thought we’d have a little look into other trade marks that footballers have registered to protect their personal brands, enabling them to reap rewards both on and off the pitch. (more…)

London Tech Week 2018

 

150x150London 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…)

United in Europe

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

Brexit – European Commission Notice regarding .EU domain names

Image from pixabay.com

Late last month the European Commission issued a notice regarding the impact of Brexit on .eu domain names.

The notice states that, unless the EU and the UK agree otherwise in the withdrawal agreement, from 30 March 2019 the “EU regulatory framework for the .eu Top Level Domain” will no longer apply to the UK. This has a number of consequences: (more…)

When sharing your trade secrets with others, just remember that NDAs are like confetti

confetti-985152_1920

Image: pixabay.com

No longer the neglected step-child of IP:

Trade secrets have been the neglected step-child of IP but that situation is fast changing. There are various forces at play helping to increase the importance of trade secrets.

Firstly, the law is changing.

·       The Defend Trade Secrets Act passed in the USA in May 2016

·       The EU Directive on Trade Secrets is enacted by member state on 9 June 2018

·       China explicitly included trade secrets in its 2018 revisions to the Anti Unfair Competition Law

Changes in the eligibility requirements and enforcement mechanisms of patent laws around the world, but especially those in the US – and especially as they relate to software and business methods, make trade secrets an attractive mechanism to protect a company’s competitive advantages. (more…)

Brexit and IP: EUIPO Q&A document

brexit-1481028_1920The 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…)

The Road to Brexit: EU Commission Draft Withdrawal Agreement and the UK PM’s Mansion House Speech

brexit-1481028_1920Last 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…)