UK IP minister replacement must master brief quickly: lawyers
Lawyers have told WIPR that the replacement for Sam Gyimah, who has left his role as UK IP minister, must master the brief of the position quickly as Brexit draws closer.
Gyimah announced his departure on Friday, November 30, saying that he opposed the Brexit Withdrawal Agreement between the EU and the UK, and will vote against it in Parliament
The UK Parliament’s vote on the deal is set to take place on December 11.
Gyimah was appointed minister of state for universities, science, research, and innovation—a role that includes the IP brief—in January this year. He replaced Jo Johnson, brother of former foreign secretary, Boris.
In his resignation announcement, Gyimah said that while the UK was right to withdraw from “frustrating negotiations” over Galileo, the EU’s strategic satellite navigation system, it was a negotiation that was “stacked against us from the very beginning” and is only a “foretaste of what’s to come”.
He said he had tendered his resignation with deep regret and that his role was “certainly one of the best jobs” in government.
“Innovation, scientific endeavour and our universities represent the best of Britain, underpin our economic fortunes and are central to our place in the world. It has been a pleasure and honour to serve these extraordinary communities,” he added.
One of Gyimah’s highlights was the UK’s ratification of the Unified Patent Court (UPC) Agreement, in April. At the time, he said the ratification demonstrated that, internationally as well as at home, the UK is committed to strong IP protection. However, Germany has yet to ratify the UPC and the project cannot be implemented until it does.
Robert Jackson, partner law firm Dehns in London, said that over the last six years, the UK has had six different IP ministers. However, he added, Gyimah’s resignation does not in itself provide any major concerns, as the UK IP industry is used to having a fast turnover of IP ministers.
“Having said that, Gyimah appeared to have a good understanding of the various issues surrounding IP, most notably in his support of the UPC, which is one of the most fundamental changes to the European patent system in more than 40 years,” he said.
Graham Burnett-Hall, chair of the Brexit committee at law firm Marks & Clerk, said it is hoped that Gyimah’s replacement will master the IP brief quickly, “especially as IP rights holders are looking for clear and consistent guidance as to the future treatment of IP rights as the date of Brexit draws near”.
According to Jackson, while no one immediately springs to mind as a suitable replacement for Gyimah, “it would certainly be helpful” for the next minister to understand the link between science, technology and business, “which is so vital in protecting innovation and supporting high-tech businesses in the UK and overseas”.
After WIPR asked the UK Intellectual Property Office who Gyimah’s replacement will be or when they can be announced, a spokesperson said that “we don’t have any sense of the timescale for this at present”.
Jackson said that the biggest challenge facing any newcomer to the role is the issue of Brexit, and in particular, a ‘no-deal’ Brexit.
“Despite recent assurances from the UK government that they are planning for all possible scenarios, including a no-deal Brexit, the key challenge will be for the incoming IP minister to have sufficient influence to ensure the UK is involved as closely as possible with institutions such as the European Union Intellectual Property Office and the UPC,” he added.
He concluded that the outcome of the Parliamentary vote on December 11, or any subsequent vote, could make it a “very uncomfortable first few weeks in the role”.
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