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23 June 2016Copyright

WIPR survey: Readers worried about potential ‘Brexit’

Britain leaving the EU would be a concern for IP owners, a majority of readers have claimed.

Responding to WIPR’s latest survey, which asked whether readers were concerned over the threat of a UK exit, or ‘Brexit’, 77% of respondents said they were.

British citizens are voting today, June 23, as part of a national referendum.

Last week,  WIPR reported that IP lawyers said leaving the union would not be a “simple divorce” and today we published a  ‘final word’ ahead of an expected result tomorrow.

Despite the overall figures, the survey attracted varied responses.

We have included all of the responses in full and categorised them below.

Increased workload

“We rely on our EU trademarks for the UK. ‘Brexit’ could mean more money and more headaches to make sure we have sufficient trademark protection.”

“In a world moving toward uniform patent applications, will I now have to file for a British patent in addition to the EU patent? More paperwork. If not, how can Britain be half part of the European Union?”

“It will be messy, but isn't that just more work for the lawyers?”

Others were more succinct, however, with one simply exclaiming “More work for us!” and another adding “I get paid in euros”.

Uncertainty fears

“Brexit would cause uncertainty and increased costs.”

“Will my brands be unprotected in the UK after a Brexit?”

“A potential ‘Brexit’ would lead to a two year period of uncertainty as to the scope of EU-wide IP rights. Also, it would have a detrimental effect on the UK profession and the services that we provide our clients.”

“Trademark attorneys based in the UK with no EU business will be negatively impacted by a ‘Brexit’. Very uncertain what the future might hold.”

Other worries

“As a European trademark attorney I would no longer be able to represent clients at the EU Intellectual Property Office (EUIPO). Clients with EU Trademark (EUTM) registrations run the risk of having to shoulder the cost of whatever transitional provisions are put in place in order to maintain their rights in the UK.”

“The impact with EUTMs will likely be catastrophic for the industry.”

“The EUTM is an integral part of our practice, and the potential loss of this work would have a very negative impact.”

“In today’s world of globalisation, isolation of a country like Great Britain will wreak havoc on the economies and legal proposition—harmonisation of statute will suffer a setback.”

“Potential loss of right to represent clients at the EUIPO. EUTMs and registered Community designs ceasing to apply in UK. Loss of Unified Patent Court.”

“EU trademark law is not perfect, but it is well-harmonised and (generally) strikes the right balance between rights and fair competition. It is not in anyone's interests for a commercially significant territory like the UK to diverge, requiring businesses to seek separate protection, enforcement and counsel in the UK and the rest of the EU.”

“In terms of the impact on the UK profession, while there may be an increase in certain work arising from these circumstances, being unable to represent businesses at the EUIPO will be a significant blow to many practices.”

Optimism and apathy

“The UK IP profession has had to contend, over the last decades, with major upheavals in the systems of acquisition and enforcement. I am sure it will rise to the challenges which emerge if ‘Brexit’ turns out to be the preferred option. It's their clients who should worry!”

“In the event of a ‘Brexit’ I believe that the two year negotiations that will follow will make it possible that things remain almost the same for IP professionals ... but there will be a long period of uncertainty.”

“Why should anyone be worried? If they want to leave, they leave. Travellers shall not be stopped. The EU is strong without the UK. The UK, as often, over-estimates themselves.”

Finally, one reader simply added: “Let our laws be the last word for our country.”

For this  week s survey, we ask: “Last week we reported that the US Supreme Court upheld the broadest reasonable interpretation claim construction standard used by the Patent Trial and Appeal Board. Do you agree with the ruling?”

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