Is there any possible relation between the Intellectual Property Laws of UK and Europe?

"Written by Leezer Kaur, a student".

Introduction

Intellectual property laws are the laws related to intellectual property. Intellectual property is the work or the idea created by a person by using his intellect. All countries have different laws related to intellectual property. However, several international treaties and conventions deal with these rights at the international level. Also, the World Intellectual Property Organisation (WIPO) is there that deals with such laws at the international laws. The UK was earlier a part of the European Union which is a union mainly composed of European countries. But, the UK exited the union through Brexit which made the European Union’s intellectual property laws no longer valid in the United Kingdom. Now, the unitary intellectual property rights are not valid in the UK as was earlier, before the exit i.e. before 01st January 2021. To maintain the earlier status, a user of the earlier unitary system is now supposed to apply for a unitary right under the European Union and the UK right.

Possible relation between UK and Europe concerning Intellectual Property Laws

1. Trademarks: EU trademarks and registered designs that were not registered before the end of the transition are considered comparable UK rights which are independent UK trademarks and can be challenged, assigned, licensed, and renewed by the European Union Trademark Office. Also, UK Intellectual Property Office has issued further guidelines concerning UK trademarks’ registration, renewal, etc. The existing EU trademarks are to be protected by the EU members and the UK could still apply for registration of a trademark with the EU Intellectual Property Office. Even the UK-EU Trade Cooperation Agreement commits to maintaining the cooperation of the UK and the European Union concerning trademarks.

2. Registered Community Designs: They were also cloned with the UK Intellectual Property Office under the withdrawal agreement, just like the trademarks.

3. Copyright and Broadcasting: The issue of the copyrights was not addressed in the agreement and is to be dealt with as per the international treaties of which both of them are a part. The UK Intellectual Property Office has provided further guidelines on copyright law.

4. Patents: The European Patent Convention is an international treaty that governs the relationship between them concerning patents as the UK is a signatory to it.

5. Supplementary Protection Certificates: Under Article 60WA, authorisations from thE European Medicines Agency were converted into UK authorisations.

6. Geographical Indications: As per Article 54(2) of the withdrawal agreement, the designation of specialties protected on the last day of the transition shall continue to be protected in the UK as well. Also, the international protection of the UK Geographical Indications shall continue to be protected for the EU free trade agreements and other agreements to which the UK is a signatory.

7. Trade secrets: The UK enacted the Trade Secrets related regulations in 2018 that will be regulating the aspects related o trade secrets.

8. Exhaustion: It is also accepted by both nations that the intellectual property-related rights that were exhausted before the transition period shall remain the same.

9. Databases: According to Article 58 of the Withdrawal Agreement, the database rights that were existing before the transition shall continue to exist in both territories. However, there is no such recognition of database rights under the UK-EU Trade and Cooperation Agreement.

10. Domain names: Now, the undertakings and organisations established in the UK and the residents of the UK cannot hold or register the ‘.eu’ domain names.

11. Judicial enforcement of EU rights: As per the withdrawal agreement, the existing rules recognised by the EU under its remedies shall be recognised by the courts in the UK as well.

12. Recognition of foreign judgments: As per Article 67 of the withdrawal agreement, the current rules on enforcement and jurisdiction shall continue to apply, till the transition proceedings end.

13. Address for service: From 2021, the UK Intellectual Property Office also required a UK address of service.

14. Lawyers’ practice rights: UK lawyers lost their right to represent before the European Union Intellectual Property Office as the right to representation was not covered in any of the negotiations between the two nations.

Conclusion

Yes, there was an important relationship between the UK and the European Union concerning Intellectual Property Laws which came to an end with Brexit i.e. UK’s exit from the European Union. After that, both entered into negotiations and got some cooperation agreements signed that are very important in governing the relationship between the both.

References

1. ‘Intellectual property after Brexit’, available at: https://www.lawsociety.org.uk/topics/brexit/intellectual-property-after-brexit.

2. ‘Impact of Brexit on Intellectual Property’, available at: https://www.nortonrosefulbright.com/en/knowledge/publications/01b81fec/impact-of-brexit-on-intellectual-property.

3. ‘Brexit: English Intellectual Property Law Implications’ available at: https://www.twobirds.com/en/insights/2016/uk/brexit-english-intellectual-property-law-implications.

4. ‘UK: Protecting Intellectual Property’, available at: https://www.trade.gov/country-commercial-guides/united-kingdom-protecting-intellectual-property.

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