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16 August 2016Copyright

CIPA has ‘strong preference’ for UK to be in UPC post-Brexit

The Chartered Institute of Patent Attorneys (CIPA) has a “strong preference” for the UK to participate in the unitary patent and concurrent Unified Patent Court (UPC), the organisation has revealed.

In a position paper, published today, CIPA outlined various intellectual property issues that could be affected by the vote to leave the EU.

The paper, called “The impact of Brexit on intellectual property”, says that the UK government, CIPA and other stakeholders have worked “tirelessly” over the years to create an IP system favourable to the UK—including in the UPC discussions.

According to CIPA, it has a strong preference for the UK to participate in the unitary patent and UPC system, if a “solid legal basis” can be agreed.

The paper explains: “Plans were well advanced for part of the UPC’s central division to open in London, with Aldgate Tower in Whitechapel secured as the venue. CIPA is working with other interested parties, including international colleagues, to optimise the chances of the UK’s continued participation.”

Although it is unknown what mechanism will be used to transfer European Union trademark and registered Community design applications into UK national applications, CIPA said it will work with the Institute of Trade Mark Attorneys to ensure rights owners will not lose protection.

In other IP areas, CIPA said there will be “no change” to trade secrets, as a cyber security strategy has been in place since 2011, which is regularly reviewed and updated.

Further, research and development tax credits will be unaffected and companies will still be able to claim UK corporation tax relief via the Patent Box scheme.

CIPA added that there will be no formal change until Article 50 is triggered, which is not expected to happen until 2017.

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