London
30 October 2017
Reporter: Barney Dixon

Only UK can decide post-Brexit IP rights


Only the UK government can decide whether to recognise EU rights post-Brexit, despite the EU and other interested parties recognising the importance of legal certainty for EU intellectual property rights, according to Stephen Hodsdon, partner at Mewburn Ellis.

Hodsdon explained that the UK is the key component in solving the issue of EU intellectual property rights post-Brexit.

However, he added that the EU could make recognition of existing EU-wide rights in the UK a condition of any trade deal between the two countries.

This has already been seen in the EU-Canada Comprehensive Economic and Trade Agreement, in which protected EU designations of origin and protected geographical indications are required to be recognised in Canadian law.

Hodsdon suggested that resolving the issue of IP rights will be dependant on the course of the wider negotiations, as they are “some way down on the scale of matters to be decided”.

The only hint of the UK’s position on IP rights post-Brexit was its decision to ratify the UPC agreement in November last year.

On the other hand, the European Commission recently confirmed its position on intellectual property rights, stating that rights enjoyed by the UK as part of EU law should not be undermined by Brexit.

Brexit negotiations began in June 2017 and will continue until March 2019. The bulk of negotiations so far have focused on the rights of EU citizens, Britain’s divorce bill and the future border between Northern Ireland and the Republic of Ireland.

Subscribe for free to the next issue of IPPro The Internet, published on 31 October, to read this article in full.

More news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Beach Boys mark wins in UDRP
23 January 2018 | Geneva | Reporter: Barney Dixon
Brother Records, the owner of the intellectual property rights relating to The Beach Boys, has claimed beachboys.org in a UDRP dispute at the WIPO Arbitration and Mediation Centre
Three-quarters of brands suffer trademark infringement
22 January 2018 | Boston | Reporter: Barney Dixon
Almost three-quarters of brands have been victims of trademark infringement in the past year, according to a new survey from trademark research and protection firm CompuMark
Delta claims "confusingly similar" domain
22 January 2018 | Minneapolis | Reporter: Barney Dixon
Delta Airlines has claimed 27 domains in a UDRP dispute at the Alternative Dispute Resolution Forum.
Brinks, Gilson & Lione elects new president
19 January 2018 | Chiacgo | Reporter: Barney Dixon
Brinks, Gilson & Lione has elected a new president to succeed James Sobieraj
TWiT sues Twitter for trademark infringement
18 January 2018 | California | Reporter: Barney Dixon
TWiT.tv, is suing Twitter for breach of contract, unfair competition and trademark infringement, stemming from a deal the two companies made in 2007
INTA wins in domain dispute
17 January 2018 | Minneapolis | Reporter: Barney Dixon
INTA has won a domain dispute at the Alternative Dispute Resolution Forum over inta2018.org
Akerman hires new partners
16 January 2018 | Los Angeles | Reporter: Barney Dixon
US law firm Akerman has strengthened its intellectual property and commercial litigation practices with the hire of two partners