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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…)

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…)

UPC Update February 2018: UK and DE progress and the future of the UPC

IMG_8533-0The UK has now completed all its legislative steps with respect to the UPC Agreement and UPC’s Protocol on Privileges and Immunities and is in a position to ratify the UPC Agreement. However, the potential timescale of the constitutional court challenge in Germany and the remaining ratification/implementation period means, in IPcopy’s view, that the UPC system will not come into force, at least in its current configuration. (more…)

UPC ratification: Latvia completes its ratification formalities

IMG_8533According to the website of the Council of the European Union, Latvia has now deposited its instrument of ratification (on 11 January 2018) to become the 15th country to complete its ratification formalities. Latvia joins Lithuania, Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the fifteen countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. Brexit in the UK and a court challenge in the German Federal Constitutional Court (GFCC) has put the brakes on the progress of the unitary patent system. (more…)

Is it time to bury the UPC yet?

IMG_8533-1Just before Christmas, the Preparatory Committee for the Unified Patent Court (UPC) published an online article, looking ahead into this new year. Optimistic as usual, the committee expressed to be “hopeful the New Year will bring closure to [its] endeavours and the Unified Patent Court will become a reality”. Some words were spent on the delay caused by the challenges to the German ratification of the Agreement at the German Federal Constitutional Court (GFCC), but most of the article was meant to inform the future users of the unified patent system about the provisional application of the Agreement in the months before the Court will actually start. The article included no words on Brexit and the as yet unclear future relation between the EU and the UK. (more…)

A “To Do” suggestion for the new IP Minister

brexit-1481028_1920“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…)

Brexit and IP – looking ahead in 2018

IMG_8533Following the UK’s EU referendum and the triggering of the Article 50 notification, the UK is currently scheduled to leave the European Union on 29 March 2019. Until the final arrangements between the UK and the EU are known there is widespread uncertainty in a range of areas including the intellectual property system within the UK.

For example, a particular IP related area of concern is what will happen in respect of EU Trade Marks (EUTMs) and Registered community designs (RCDs) post-Brexit. Without arrangements to the contrary it is unlikely that such EUTMs and RCDs will continue to cover the UK post-Brexit. [However, it is noted that it is completely within the UK’s ability to arrange for the implementation of an equivalent UK trade mark or design right to mirror the EU right. As such, holders of EUTMs and RCDs should expect that, even if arrangements are currently unclear, it is highly likely that the UK will announce the mechanism for continued protection in due course.]

As the UK and the EU move into the next phase of the Brexit negotiations IPcopy thought that this would be a good opportunity to recap how the referendum result impacts the IP world, what the current official announcements are and what action IP right holders can consider taking now. (more…)

EUIPO Notice on Brexit – December 2017

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…)

The Lords consider the UPC: “Where is it?”

IMG_8533With the ongoing UPC related court case in Germany and the uncertainties arising due to Brexit, the preparations for the unitary patent system have, for the moment at least, something of the feel of a dead rubber match in a sporting competition.

Perhaps, once (if?) the German case allows German ratification preparations to continue and the UK has managed to make its intentions clear, the project will get up and running again. Until then any developments have, to my mind at least, the feel of going through the motions.

It was against this backdrop that the House of Lords Grand Committee met on 6 December 2017 to consider the draft Unified Patent Court (Immunities and Privileges) Order 2017. The approval of this Order by the House of Lords and its subsequent approval (along with the corresponding Scottish Order) by the Privy Council are the last pieces of the UK’s ratification process that need to be completed before the UK can formally ratify the UPC Agreement. (more…)