The document on the envisaged future economic relationship contains a single item on intellectual property: “Protecting and enforcing intellectual property rights beyond multilateral treaties, in order to promote innovation, creativity and economic activity”. The importance of this point is unclear, but could relate to the UK remaining in the Single Patent Court (“application beyond multilateral treaties”) and extending the scope of the EUIPO after Brexit to the UK (“protection beyond multilateral treaties”). This will be something that needs to be watched closely. All interested parties are reminded of the legal situation applicable at the end of the transitional period, whether or not a future social contract is concluded. The notice shall also specify, where appropriate, certain rules of the Withdrawal Agreement. The agreement ensures legal certainty and continuity during the transition period and ensures continuity in the immediate future for businesses and consumers. Robert`s comments on the draft Withdrawal Agreement have been featured in World Trade Mark Review, World IP Review and IP Pro The Internet. The above is a summary and much more detailed information on the post-Brexit rules for trade marks and designs has been made available by UKIPO on its website at: www.gov.uk/government/news/intellectual-property-and-the-transition-period A further step towards a withdrawal agreement between the UK and the EU27 has been made available on 14 November 2018 with the publication by the European Commission of the fully negotiated version of the draft Withdrawal Agreement. A document is also published refining the envisaged future economic and security relations. www.gov.uk/government/news/intellectual-property-and-the-transition-period The text on intellectual property (IP) appears almost identical to the previous version published on March 19, 2018.
For the Withdrawal Agreement to enter into force, it must be approved by: due to the transition period of the Withdrawal Agreement, EU law only applies to the UK until 31 December 2020. Licences and coexistence agreements should be reviewed before the expiry of the transitional period. If the UK is not specifically mentioned but one of the listed territories is the “EU”, a change to the agreement or licence should be considered, especially where the UK is a significant market. If, at the end of the transitional period, the need to enforce their rights arises, the holders will have to initiate two proceedings (one before a UK court and the other before an EU court) and the increase in legal costs will be inevitable. It will certainly not be an easy process and it is possible that further changes to the draft treaty may be made in case of problems during the approval process. These can be read together with the UK Government`s plans for the IP system in the event of a no-deal, as they have been designed to be transposable to a situation in which the expected Withdrawal Agreement has been concluded. Brexit does not affect English contract law and its election as the applicable law of an agreement. Since 1 February 2020, the UK has been out of the EU. . . .