Medilink North of England News 2019 Medilink NOE News 2019 | Page 6

EXPERT VIEW EXPERT VIEW
DR FRAZER BYE
PATENT ATTORNEY
HGF LTD JEREMY THOMSON COOK
BREXIT – BUSINESS
AS USUAL FOR
INTELLECTUAL
PROPERTY RIGHTS
Intellectual property rights provide a glimmer of certainty in
the Brexit debate. Brexit, for the moment, will not affect any
intellectual property right regardless of whether it is a trade
mark, patent, or design in the UK or abroad.
UK rights (patents, trade marks, and designs) are just that,
local UK rights which fall outside of the jurisdiction of the
European Union, and do not afford rights in other European
Union member states. These rights are unaffected by Brexit.
European patent applications are also unaffected by Brexit.
The European Patent Office which deals with these rights is
independent of the European Union and governed by a separate
treaty, the European Patent Convention. The European Patent
Office is outside the governance of the European Union (it is not
an institution of the EU), much like the European Space Agency
or Eurovision. UK nationals are, and will remain, able to apply
for, prosecute, and enforce rights arising from European
patent applications in the UK and in any state contracting to the
European Patent Convention.
While the UK remains a member of the European Union
or enters a transition period as part of an agreed deal, EU
registered trade marks and Community registered designs
stay in force and continue to extend to the UK and European
Union member states. Once this position changes, EU
registered trade marks and Community registered designs
will continue to extend to the member states of the European
Union, but no longer to the UK.
Any new EU trade mark or Community design application made
after the date of the UK’s departure will not extend protection
to the UK if granted and separate UK specific rights will need to
be considered.
Once the UK departs from the EU, UK national rights and
European patent applications are unaffected. EU trade marks
and Community registered designs will be cloned in the UK,
and new filings in future may require a separate UK specific
right.
If you have any questions or concerns regarding the impact of
Brexit on your intellectual property rights, you should contact
your intellectual property advisor who will be able to assess
your situation and provide an appropriately tailored Brexit
strategy.
HGF are a corporate partner of Medilink North of England.
Learn more at www.hgf.com
6
CHIEF ECONOMIST
WORLDFIRST
BREXIT-
IT’S STILL COMING...
Perhaps three words have come to define the Brexit
process to this point more than any others: “nothing
has changed”.
How often have we heard those words – from all sides
– time and again after every new plan, debate, vote
or meeting? And whilst it’s easy, and fair, to conclude
that we’re effectively in the same position as we were
on March 29th 2017 when Article 50 was invoked,
the delay does give businesses more time to make
adequate no-deal preparations on five key questions:
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costs impact your prices?
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losing some or all regulatory cover?
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delays in your product’s journey?
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near-term liquidity?
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example, sterling rises or falls 10%?
We see these as the five biggest questions that all
businesses – especially those trading overseas –
should be asking themselves and planning for. If
you hadn’t planned around these for the March 29th
deadline then you now have until October 31st to make
the necessary preparations.
Be Prepared
With this latest delay, the best way to prepare is to
pretend that we are back in October 2018; with 6
months to travel before the end of the original Article
50 period. Ask yourself these questions:
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non-EU members have to abide by that you don’t have
to currently?
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channels?
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arrangements are in place?
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allows you to maintain a working profit margin on your
goods?
If the answer to any of these are ‘no’ or ‘not sure’ then
some further preparation may be needed. Don’t let the
delay fool you, Brexit is still coming.
WorldFirst are a corporate partner of Medilink North
of England. Learn more at www.worldfirst.com