Trade Mark protection in the UK after Brexit

During November, position papers were coming thick and fast from IP organisations on Brexit. Mostly they are very

demanding and expect the UK's final deal to cover detailed issues on intellectual property. Such provisions will come, but they are unlikely to reach the priority these organisations expect. The EU IPO seem to think so too. They have also issued a paper (or at least the European Commission has done so on their behalf) which, to me, reads as a very strong message that it is brand owners responsibility to look after themselves.  Here are the papers:

• Chartered Institute of Trade Mark Attrorneys (UK body- CITMA) 20 pages
• INTA (International brand owners- US based) 9 pages
• Marques (brand owners - UK based) 9 pages
• European Commission  countersigned by the EU IPO (registrar) 2 pages 1 December 2017

All of these demands and comments were made before the phase 1 deal was reached on the night of Thursday 7/Friday 8 December 2017.

Our minister with responsibility for Intellectual Property  is Jo Johnson, brother of the greater Bo, was very pleased about the deal in respect of the Universities - his main responsibility  - as it seems UK academic institutions can continue to participate until 2020 in EU research projects to freely disseminate UK IP into Europe.

Good news 4 science: 1. UK participants in existing projects guaranteed EU funding. 2. Projects approved to continue, with uninterrupted EU funding. 3. UK based orgs & people can bid for H2020 funding, participate in & lead consortia, post-exit, in '19+'20https://t.co/veLAEabQOL

— Jo Johnson (@JoJohnsonUK) December 8, 2017

No reply yet as to whether UK representatives at EU IPO have the like freedom to continue as representatives while we pay to continue our support for our European neighbours.

There is a substantial amount of EU IPO business with UK legal firms that do not have European subsidiaries to take it on, that is available for transfer.  CITMA members have already commented on their clients being poached, but has anyone received a business proposition? Brexit will happen. It would be nice to know there are responsible representatives offering to provide an orderly transition for brand owners based outside the Euro27. If you are one such, do ask those making unsolicited approaches how they will work with your current representative and how they will reimburse them.

Call to Arms for UK Patent Litigators

If you are European Patent Attorney and hope to practice in the future before the Unified Patent Court, now

is the time to make sure that your qualifications will allow you to be entered on the list of representatives.

There is currently circulating covertly, a draft proposal for rules on the European Patent Litigation Certificate and other appropriate qualifications. As presently drafted any European Patent Attorney who has an LLM or a law degree will have the right to go on the list. I approve. Sadly my CPE didn't get me a degree, so I need to try and persuade Laura Starrs at the UK IPO and her team to suggest some appropriate changes. If you think you may be in a similar position get in touch with your professional body CIPA where Vicki Salmon is working on their submissions or the IPO directly.

Many Chartered Patent Agents are much miffed that other European countries do not recognise that we are lawyers. We have to accept that that battle was lost when the Court of Justice of the European Union decided only solicitors and barristers were lawyers from the UK and that was some time back when OHIM appeals became significant business. The UK government has not helped in all that time and I don't expect them too now.