On 7 September 2017, The European Commission (EC) published a position paper setting out the European Union’s (EU) position on intellectual property (IP) rights post-Brexit, to be presented to the United Kingdom (UK) in the context of Article 50 negotiations. The paper positively seeks to reduce the uncertainties surrounding the protection of IP rights following the UK’s withdrawal from the EU.
The key principles proposed in the paper are as follows:
In terms of geographical indications and protected designations of origin, the EU will require the UK to put in place the necessary domestic legislation to provide for their continued protection.
Whilst the paper addresses many of the concerns surrounding the protection of IP rights post-Brexit, it fails to discuss the Unitary Patent or Unified Patent Court. As it stands, only EU countries can be a part of the Unitary Patent system. In the absence of any comments from the EC, it is still unclear whether the system will apply to the UK following Brexit. (See here for more on the impact of Brexit on IP matters).
In any event, the paper represents a positive step towards ensuring the protection of IP rights following Brexit, and certainly provides IP stakeholders with some welcome clarity. Whether the UK will be willing to agree to the EU’s “wish list” remains to be seen; however, given the emphasis the UK Government has placed on certainty and continuity, it would be surprising if the UK’s position significantly differed.
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