{"id":72920,"date":"2016-08-02T09:30:00","date_gmt":"2016-08-02T09:30:00","guid":{"rendered":"http:\/\/mostafa.openonline.co.uk\/?guid=c51d6b4b9087fdd76505c4d9f9c30d67"},"modified":"2018-10-26T14:15:02","modified_gmt":"2018-10-26T14:15:02","slug":"news-story-ip-and-brexit-the-facts","status":"publish","type":"post","link":"https:\/\/mostafa.openonline.co.uk\/?p=72920","title":{"rendered":"News story: IP and BREXIT: The facts"},"content":{"rendered":"

Updated:<\/em> New text added for statutory legislation and business guidance and copyright and related rights.<\/p>\n

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This guide offers information on the future of intellectual property (IP<\/abbr>) laws following the decision that the UK will leave the European Union (EU<\/abbr>).<\/p>\n

The Intellectual Property Office (IPO<\/abbr>) continues to contribute fully to the government\u2019s work towards exiting the EU<\/abbr>. It has a clear goal of ensuring an effective IP<\/abbr> regime that supports UK innovation and creativity. The UK will remain one of the best places in the world to obtain and protect your IP<\/abbr>.<\/p>\n

In March 2017 the Prime Minister formally started the process of the UK\u2019s withdrawal from the EU<\/abbr>.<\/p>\n

The government has been negotiating with the EU<\/abbr> on our withdrawal terms. The latest joint UK and EU<\/abbr> statement<\/a>, published on 19 June 2018, outlines the progress made by UK and EU<\/abbr> negotiators on the draft legal text of the Withdrawal Agreement. The Government\u2019s objective is to provide maximum clarity and legal certainty for right holders and third parties on our terms of withdrawal, ensuring a smooth transition. As part of our Withdrawal Agreement negotiations, we are seeking to agree arrangements which meet our objectives. Subject to agreement of the Withdrawal Agreement, we will continue to protect all existing registered European Union Trade Marks, Registered Community Designs, and Unregistered Community Designs as we leave the EU<\/abbr>. We will do so by creating over 1.7 million comparable UK rights, which will be granted automatically and free-of-charge.<\/p>\n

The European Union (Withdrawal) Act received Royal assent on 26 June 2018 and is now law. The Withdrawal Act will ensure that the UK exits the EU<\/abbr> with certainty, continuity, and control. It is in no one\u2019s interests for there to be a cliff edge, and so the laws and rules that we have now will, so far as possible, continue to apply. The government has been clear that the Withdrawal Act and any further secondary legislation made under the Act will not aim to make major changes to policy or legislation beyond those which are necessary to ensure the law continues to work properly on day one.<\/p>\n

The government published a White Paper on the Future Relationship Between the United Kingdom and the European Union on 12 July 2018, setting out an important vision for elements of the future relationship between the UK and EU<\/abbr> on intellectual property. In particular, the White Paper proposes that the UK should continue to participate in the unitary patent system and the Unified Patent Court that underpins it.<\/p>\n

Furthermore, the UK looks forward to exploring other arrangements on IP<\/abbr> cooperation that will provide mutual benefits to UK and EU<\/abbr> rights holders. This will all require negotiation with the EU<\/abbr> and we look forward to discussing the possibilities with our European partners.<\/p>\n

A scenario in which the UK leaves the EU<\/abbr> without an agreement (a \u2018no deal\u2019 scenario) is highly unlikely. However, in the event of a \u2018no deal\u2019 scenario, the government has published a series of technical notices. This information helps businesses and citizens understand what they need to do, so they can make informed plans and preparations.<\/p>\n

The technical notices on intellectual property were published on 24 September 2018:<\/p>\n