Re-filling of trademarks and patents

paddyrg

Pincent Mason lawyers have given a heads-up that businesses will have to re-register patents and trademarks as we withdraw from the EU harmonised system (and maintain them separately in Europe). If anyone here has a business relying on IP of any sort, it's worth planning for.

It's a shame for sure, London was going to be one of the three European hubs for the unified system, concentrating on pharmaceuticals, would have brought in a lot of money and business.

Aquamania

Project Fear is so last week.

The GBP have spoken. Move on...

paddyrg

Aquamania wrote: »

Project Fear is so last week.

The GBP have spoken. Move on...

Hardly going to change how some people voted, so this 'project fear' monicker is redundant. This is chickens coming home to roost, the results of our national choice becoming apparent as the implications of leaving collective systems becomes apparent.

I don't think discussing how businesses are being affected in a business forum is as easy to dismiss as 'move on...', there are real things that real employers and business owners need to be provisioning for in order to continue to trade after being self-excluded from some of the useful bits of the EU.

Pennywise

So what do non EU countries do about trademarks etc- such as Isle of Man, Switzerland, Sweden etc?

paddyrg

They have separate systems, although I'm sure they've brokered individual mutual deals. At the moment you have automatic EU-wide IP protection, but there are serious challenges to renegotiating a deal in time - so if you're relying on protection across the EU based on your UK IP, you need to refile or risk loss in 28 territories.

If you've no IP this isn't an issue for you. If you have, it is.

david1951

This is not true for patents at least. The European Patent Convention is a totally separate entity to the EU. See the website of the Chartered Institute of Patent Attorneys for details.

paddyrg

My apologies, you're right, the patents position is related but different

http://www.out-law.com/en/articles/2016/june/brexit-rights-holders-might-need-to-re-register-ip-in-the-uk-as-a-result-of-brexit-says-expert/
vs
http://www.out-law.com/en/articles/2016/june/brexit-brexit-vote-should-spur-businesses-to-review-their-patent-filing-and-commercialisation-strategies-says-expert/

Savvy_Sue

david1951 wrote: »

This is not true for patents at least. The European Patent Convention is a totally separate entity to the EU. See the website of the Chartered Institute of Patent Attorneys for details.

I'm glad you posted that, I used to live with a couple of trainee patent agents, who were fast tracked through their exams a year early so that they didn't have to take lots of extra new exams to meet European standards. Or something. And I didn't think that change was related to our membership of the EU!

david1951

Trade marks and designs are slightly different as their systems are part of the EU. Will be interesting to see what happens but I doubt it will be very high on the list of priorities.

There is no need at the moment to "re-file" anything. From an IP point of view it is not good that we left the EU, as it will increase costs a bit, but not a disaster either.

Aquamania

Project Fear is over, there is not going to be an emergency budget, people's pensions are safe, the pound is stable, the markets are stable, I think that's all very good

Boris Johnson - 27 June 2016

It sounds like he can add this nonsense about patent protection to that list too. :cool:

david1951

The OP did raise a good point - I certainly wouldn't dismiss it as nonsense. Businesses with IP rights will need to consider the effects of leaving the EU. I would speak to your legal advisor and they will no doubt be able to assuage any fears. One thing is certain: obtaining patent, design and trade mark protection in the UK and Europe will be more expensive as a result of Brexit.


Let's just hope that, overall, the good outweighs the bad.