Russia and China sealed a raft
of energy deals during President Vladimir Putin's visit to Beijing on Saturday,
strengthening economic ties while pledging to preserve the strategic balance of
power among nations.
Now that the vote on whether Britain should exit the European Union has
been finalized, intellectual property owners – in the fashion industry and
beyond – are rightfully concerned as to the implication the Brexit vote will
have on their rights. While the UK's exit from the EU will not prove to be a
simple divorce, under EU rules, there will be a two-year transitionary period,
during which time the UK government will negotiate its exit from the EU, and
IP-related laws (namely, those involving trademarks, copyrights, and patents)
will remain largely unchanged.
There are a number of ways that the UK government may choose to negotiate
its exit from the EU. One such way is the “Norway model,” under which the UK
would remain closely integrated with the EU and would become members of the
European Economic Area (EEA) and the European Free Trade Association (EFTA).
The UK would enjoy access to the single market and would still be subject to EU
legislation, including the free movement of goods and services. Under this
model, the UK would make smaller money contributions but we would have far less
influence on EU legislation.
On the other hand, the “World Trade Organization (WTO) model” would involve
a complete breakaway from the EU, making the UK a sovereign nation with its own
laws with no obligation to implement EU legislation and no right to receive EU
protections.
PATENT PROTECTION
Regardless of the impending Brexit, the UK’s participation in the existing
European Patent system will not be affected, as the system exists independently
of the EU.
Given the Brexit vote, unless the UK government and the EU agree otherwise,
the UK will be prevented from taking part in the Unitary Patent Scheme (“UPS”),
which is slated to take effect in 2017. The UPS consists of a simplified system
that enables a party to obtain a “Unitary Patent” that would have effect within
all the EU member states (once they have signed up to the new unified system).
In short: the unitary patent would grant uniform patent protection throughout
the participating 25 member states of the EU Union, based on one application
alone. There would be a single fee regime and a single court, the Unified
Patent Court (UPC).
The UK could ratify the Unitary Patent Treaty even after the Brexit vote on
June 23. The UK would then participate in the UPS during the two-year interim
period that the Lisbon Treaty provides for member states who decide to leave
the EU.
TRADEMARK PROTECTION
Following a Brexit, the UK will no longer be part of the EU Trade Mark
("EUTM") system, which is only available to EU Member States, and as
a result, existing EUTM registrations would cease to apply in the UK. It
is likely, however, that transitional provisions would be put in place to
allow brand owners to convert part of their EUTMs to national UK registrations
(possibly retaining their original priority dates).
Existing EUTM registrations would continue to apply in other Member States.
Marks which had previously been used only in the UK would become
vulnerable to non-use revocation unless they were put into use in other Member
States, as "use" in the UK would no longer sustain a EUTM
registration. It is also likely that proprietors who do not use their
current EUTMs in the UK will not go to the trouble of supplementing those EUTM
registrations with national UK registrations.
The position in relation to Registered Community Designs would be very
similar to EUTMs. Existing RCDs would cease to apply in the UK (subject
to transitional arrangements) and new RCD filings would no longer cover the UK.
DESIGN REGISTRATIONS
As a member of the EU, UK businesses
are entitled to secure international design registrations under the Hague
Design system. Unless the UK joins the Hague in its own right following a
Brexit, UK businesses would no longer be able to benefit from Hague designs.
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