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What EU-UK trade agreements mean for intellectual property rights

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The UK also provided equal UK powers for community design and international design that designate the EU. However, one downside of TCA is that “each party must make sure that from the date the design was created or modified in any form, that the design qualifies for protection, including designs that are not registered under that party’s copyright laws.” -This seems to extend UK copyright with designs that have not previously benefited from copyright protection. This will be welcomed by designers.

The expiration of the Brexit transition period does not affect the current patent system. The current patent system is subject to the European Patent Convention, an international treaty that is not related to the EU. However, prior to Brexit, the UK government officially withdrew from the proposed new European single patent system because “It refused to participate in the Union Single Patent Court (UPC) on the basis of applying EU law and participating in a binding court. CJEU has It will not match the government’s goal of becoming an independent autonomous state.”

TCA provides continuity, but there is no room for differences between the UK and EU IP regimes. If differences were expected, the parties agreed that all measures introduced should not be subject to camouflage restrictions on trade or consistent with what was agreed upon.

Look at this space-what needs to be changed or resolved

TCA has no effect on the parties’ freedom to determine whether and under what conditions their IP rights are exhausted. However, there is an imbalance in the current position in this regard.

The UK initially decided to recognize that the first time a product is placed on the market in the UK as well as in the European Economic Area (EEA), the IP rights of that product will be exhausted. This means that these IP rights cannot prevent subsequent sales of such products in the UK. However, the EU position does not reflect this. This means that companies placing products on the UK market will not be deemed to have exhausted their IP rights for those products and may rely on those IP rights to prevent resale of those products. Commodities in the EU market. The UK will discuss what is the UK’s permanent position regarding the exhaustion of rights in early 2021, and the current position is expected to change.

Until the government adopts a new depletion regime, the UK will operate both a hybrid depletion regime with the EEA and a national depletion regime with non-EEA countries, as there is no change in the case of international depletion or patents. On the concept of implied license.

With the UK now outside the EU Customs Union, EU Customs Authorities will no longer enforce UK IP rights at the border, but under the TCA the two sides can “develop cooperation to enforce the intellectual property rights of customs authorities, including the exchange of information. There are provisions.” “Best practices of customs operations, particularly focused on the enforcement of intellectual property rights”. Therefore, rights holders will continue to sue EU customs authorities and allow British border forces to take action at the border to halt the import of infringing goods. You need to file a lawsuit.

Regarding how IP law will evolve, the UK and EU27 have agreed to form a specialized trade committee on intellectual property to address the rights and obligations of each party under the TRIPS contracts and other international treaties in the field of IP. As for how things will actually work at the border, the parties also agreed to set up a specialized committee on trade on customs cooperation and rules of origin, dealing with issues including the enforcement of tariffs of IP rights.

TCA is completely silent about database protection, so the UK will continue to provide protection for UK databases by applying current national database rights. Rights based on the harmonized EU database rights directive.

The new IP environment in the UK and EU was decided by a withdrawal agreement shortly before reaching the TCA. Copyright holders must ensure that the duplicated rights are correctly displayed in the UK Register or, if desired, take steps to deny the duplication process. Rightsholders should consult whether EU and similar UK trademark or design protection is still required, and if they are primarily UK-based companies, there are plans to ensure proper use of EU trademarks in the EU. EU trademark applicants are also required to apply for a new UK national trademark by the September 2021 deadline.

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