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CIPA continues to lobby Government over best Brexit deal for IP profession


CIPA President Julia Florence has said that the Chartered Institute of Patent Attorneys (CIPA) is continuing to lobby the Government over seeking the best possible outcome for UK businesses and rights holders after Brexit.


As the possibility of the UK leaving the European Union without a deal grows, CIPA says that, although the European Patent system is not affected by Brexit, there will be an impact in respect of EU Trade Marks and Design Rights.


“Over the past three years, we have made very clear to Government our views on the potential negative consequences of Brexit – and we have made constructive proposals for reducing the impact on the UK IP profession and, indeed, all users of the UK Intellectual Property system,” said Julia Florence.


“We continue to make the case for a deal with the EU in order to ensure continuity and certainty of intellectual property laws – and to prevent disruption for IP rights holders and IP service users.


“We will continue our work with the Department for International Trade to ensure the proper consideration of intellectual property in the negotiation of future international trade agreements.”


She added that it would be “business as usual for patents”, whether or not the Government agreed a deal with the EU because the EU does not govern the European Patent system.


“For trade marks and designs, the impact of Brexit is different,” she added.


“EU Trade Marks and Registered Community Designs are granted by the EU Intellectual Property Office (EUIPO) and are governed by EU regulations.


“The Government has stated that the UK will replicate EU rights on the UK register – and that the holders of pending applications will be able to refile for a UK equivalent right within nine months of the date of exit, so as to preserve their filing and priority dates.”


Ms Florence said that the Government had also confirmed that unregistered Community designs would continue to be protected in the UK.


“We have urged the Government to include the UK’s continued participation in the EU trade marks and designs system in ongoing negotiations with the EU.


“Such participation would be beneficial for all users of the system – and have the effect of maintaining rights of representation for UK-based European trade mark and design attorneys.


“Looking further ahead, we have also continued to advocate for the UK to remain a member of the Unified Patent Court (UPC) and Unitary Patent systems, as and when these come into force,” she added.


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