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While the draft agreement on the UK’s withdrawal from the EU was welcomed by the IP industry, there are still many questions over the treatment of IP rights post-Brexit. WIPR spoke to Kate O’Rourke, president of the Chartered Institute of Trade Mark Attorneys, to find out more.
Last week, the UK and EU revealed a draft agreement, confirming that owners of EU trademarks and Community designs will have their rights protected in the UK after a transition period. The agreement also extends to plant variety rights and database rights.
After the transition period, which will begin on March 29, 2019 and end on December 31, 2020, the owners will, “without any re-examination, become the holder of a comparable registered and enforceable IP right in the UK”.
“Further discussions are also required to decide if the UK should adopt a regional, national or international regime for exhaustion of rights post-Brexit.”
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