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20 September 2016Patents

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

The Chartered Institute of Patent Attorneys (CIPA) has a “strong preference” for the UK to participate in the unitary patent and Unified Patent Court (UPC) system when Brexit comes into force.

CIPA published a report, called “Guide to the impact of Brexit on all IP rights”, yesterday, September 19.

The organisation stated that article 50 of the Lisbon Treaty is expected to be triggered in 2017, which means the UK will have two years to negotiate its exit from the EU.

CIPA outlined the intellectual property that will be affected as a result of Brexit, including European Union trademarks and registered Community designs.

The validity of these rights in the UK is “uncertain” and transitional agreements will need be negotiated.

After Brexit, EU regulations will cease to be applicable, but directives are implemented by acts of Parliament and will remain unaffected.

The European Patent Convention is not a piece of EU legislation and will be unaffected when the UK leaves the EU, as will the representation rights of UK-based European patent attorneys, who will still be able to represent clients in all work before the European Patent Office (EPO).

European patent owners will not lose any rights, as patents already obtained at the EPO will remain unaffected. Patent Cooperation Treaty applications will also remain unchanged.

CIPA said that 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 organisation added that it, along with the UK government, has worked “tirelessly” to create a system favourable to the UK.

“CIPA is working with other interested parties, including international colleagues, to optimise the chances of the UK’s continued participation,” it said.

The report can be viewed in full  here.

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2 August 2016   The UK Intellectual Property Office said the UK will remain a member of the Unified Patent Court and unitary patent agreement for the time being, following the UK’s vote to leave the EU.