The European Commission’s Brexit negotiators have set out their initial expectations for intellectual property rights for when the United Kingdom leaves the European Union.
In a position paper, published by the Commission earlier this month, it outlines the high level priorities and signifies a start of the negotiations around intellectual property and Brexit.
The paper, which the other 27 EU states will consult on, outlines the issues of the uncertainty created around intellectual property rights, and provides a working foundation for a Withdrawal Agreement in this area. The paper sets out a number of proposals including ‘intellectual property rights having unitary character within the Union’; applications and extension certificates also being of unitary character within the Union; legal protection of data bases; and, parameters of exhaustion of rights before the effective withdrawal date of the UK.
There is specific mention that the EU will be new legislation in the UK to keep protecting locally branded produce under the Protected Geographical Indication scheme
For a more detailed examination at all of the proposals, and the EU’s approach to intellectual property as part of the Brexit negotiations, visit Thomson Reuters’ Practical Law In-House blog.
