January 14, 2019

At a European Summit on 25 November, all 27 EU leaders signed the EU and UK Withdrawal Agreement, as well as the Political Declaration.

CITMA notes that the Withdrawal Agreement reconfirms that owners of registered EU trade marks and registered community designs will have their rights cloned onto the UK register to ensure continued protection.  The Agreement also states that UK Chartered Trade Mark Attorneys will maintain rights of representation for ongoing proceedings at the EU Intellectual Property Office (EUIPO).

CITMA also notes that during the transition period, which could be extended beyond the end of December 2020, UK Chartered Trade Mark Attorneys would continue to have the right to practice before EUIPO.  As Article 97 of the Agreement, states:

“Where, before the end of the transition period, a person who is authorised to represent a natural or legal person before the European Union Intellectual Property Office in accordance with Union law was representing a party in a procedure brought before that Office, that representative may continue to represent that party in that procedure. This right shall apply to all stages of the procedure before that Office”.

Article 97 goes on to say: “such representative shall in every respect be treated as a professional representative authorised to represent a natural or legal person before the European Union Intellectual Property Office in accordance with Union law”.

Immediate Past-President of CITMA, Kate O’Rourke, said that businesses and IP rights owners would be “reassured that the continued protection of registered EU trade marks and registered community designs in the UK has been reaffirmed in the draft withdrawal agreement”.  Further, she said that CITMA was “encouraged that rights of representation at the EUIPO will continue for ongoing proceedings”, as this “ensures some continuity” and is “a step in the right direction”.

However, Ms O’Rourke said that it was “very disappointing” that there was no clarity on continued rights of representation for UK Chartered Trade Mark Attorneys before the EUIPO.  “We firmly believe that it is in the best interests of business and the UK legal professions that UK professional representatives should retain their rights to practice before the EUIPO”, she concluded.

As for the Political Declaration, CITMA notes that the document states that a “mechanism for cooperation and exchange of information on intellectual property issues of mutual interest, such as respective approaches and processes” should be established between the UK and EU post-Brexit for trade marks, designs and patents.

CITMA also notes that it suggests that the UK and EU will have freedom to “to establish their own regimes for the exhaustion of intellectual property rights”, as well as preserving protection of geographical indications.

The document also sets out the proposed parameters of an “ambitious, broad, deep and flexible partnership” across a number of areas including law, trade and economic cooperation.

CITMA says that it will comment further in due course.  To read CITMA’s comments on the Withdrawal Agreement, click here.  To read CITMA’s news release on the Political Declaration, click here.