Withdrawal Agreement Intellectual Property

This is a summary and much more detailed information on the post-Brexit agreements for brands and designs made available by UKIPO on its website at www.gov.uk/government/news/intellectual property-and-the-transition-period The UK government has requested membership of the Lugano Convention, which would essentially trace the Brussels overhaul. However, such accession requires an EU agreement, which has not yet been established. It will certainly not be an easy process and it is possible that further changes may be made to the draft treaty in the event of problems during the approval process. The United Kingdom remains a member of the European Patent Convention, but does not participate in the Unified Patent Jurisdiction (UPC). The United Kingdom announced on 20 July 2020 that it would withdraw ratification at a UPC. These companies can check whether a company can hold them in the EEA or whether other methods of protecting the content of the database, such as copyright or licensing agreements, may be appropriate. If the EU and the UK conclude a future partnership agreement, it is possible that in the future a common list of geographical indications could be updated by the technical committee of the free trade agreement. This issue was not addressed during the negotiations on the future relations agreement. Articles 54 to 61 of the withdrawal agreement concern EU-wide intellectual property rights and their replacement in the UK at the end of the transition period (end of December 2020). Until the end of the transition, the status quo will be maintained, the DEMANDs for single registered EU rights – EU trademarks, EU-registered designs and EU plant breeding rights – remain normal, and all rights will take effect as usual across the EU and will be enforceable across the EU. The rights of sui generis databases are more problematic, as their qualification depends on the EEA base.

The withdrawal agreement allows these rights to be maintained in the United Kingdom before the end of the transition period, at least for the same period as they would have been, but for Brexit, whether their authors are British, E and sui generis database rights, which exist at the end of the transition period created by UK-based companies, will still be in force in the EEA. At the end of the transitional period, sui generis database rights will not be created in the EEA if creators are not based on the EEA, although an equivalent fee is created in the UK for databases created by the UK authorities. See the UK government guidelines of 30 January 2020. In order to protect the EEA`s rights with regard to databases created by the British authorities after the transition, the UK Government has previously recommended that the UK authorities consider relying on other forms of protection, such as. B restrictive licensing agreements or copyrights (if any). INTELLECTUAL PROPERTY 42. Parties should provide for the protection and respect of intellectual property rights to encourage innovation, creativity and economic activity, and the standards of the WTO agreement on trade-related aspects of intellectual property rights and, where appropriate, World Intellectual Property Organization agreements exceed standards. 43. This should enable the parties to obtain the currently high level of protection for certain copyrights, such as the sui generis right on databases and the right of resale of artists. Contracting parties take note of the protection afforded to existing geographical indications in the withdrawal agreement and should endeavour to take steps to ensure adequate protection for their geographical indications. 44.

Contracting parties should retain the freedom to set their own rules for the depletion of intellectual property rights.


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