UK retains EPO status as it joins Asia-Pacific trade bloc
Side letter to CPTPP agreement allows UK to opt-out of grace period for patents | No new action required on pharmaceutical patents or GIs.
Industry bodies have welcomed the government’s commitment to retain existing IP obligations as it formally signed the UK’s accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) on Sunday (July 16).
Business and trade secretary Kemi Badenoch (pictured) was in Auckland, New Zealand at the weekend to complete the deal, which will see the UK become the first European member of the trade bloc alongside Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam.
As part of the agreement, the government has upheld its public commitment to retain the UK’s existing international duties regarding IP and remain a member of the European Patent Office (EPO).
Before negotiations began 18 months ago, concerns were raised by the Chartered Institute of Patent Attorneys (CIPA) that joining the CPTPP could jeopardise the UK’s membership of the EPO because of a disparity on grace periods for patents.
CPTPP members are required to have a period of time during which an inventor can disclose their invention without destroying the novelty of it for patenting purpose; a function which is not included in the European Patent Convention (EPC).
The UK has agreed a “carve out” on this point, and will not be required to implement the grace period provision until it is more widely adopted into patent law. It will instead promote the adoption of a grace period in international discussions.
No action required
As well as the grace period, other key IP issues that the government “sought and received flexibility on” were signed as side-letters to the main agreement. These included no changes for pharmaceutical patents and generic medicines, as the UK meets the standards required for CPTPP accession.
Along with Vietnam and Canada, the UK has signed side letters on Article 18.53—which relates to the marketing of certain pharmaceutical products—which clarify the flexibilities the parties have in complying with the Article and do not require any action from the UK.
The UK has also signed side letters with Peru and Chile reaffirming existing commitments relating to geographical indications, and no new action is required here either.
Following the agreement, the government says that 99% of British goods that are exported to CPTPP members will be eligible for zero tariffs, and that these could include British whisky and cars.
Commenting on the deal, president of the CIPA Daniel Chew said: “Joining the CPTPP is an historic moment for the UK which opens doors to new trade partnerships and cements our role as an innovative global trading nation.
“We congratulate the government and Department for Business and Trade on preserving the UK’s existing—and vitally important—international obligations around intellectual property while acceding to this milestone trade agreement.”
Adam Williams, CEO of the UK Intellectual Property Office, said: “The UK has ensured that accession negotiations with CPTPP were consistent with the UK’s interests and the government’s policies and priorities on intellectual property, and with the UK’s existing international obligations, including the (non-EU) European Patent Convention.
“I am grateful to UK IP stakeholders for their positive engagement throughout the accession process and for their support in achieving a positive outcome.”
The government will now seek to ratify the agreement, expected to come into force next year.
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