October 31, 2018

The APPG published its report following an inquiry into the effect of Brexit on legal services.  CITMA was among the organisations to give evidence to the inquiry.  CITMA explains that its evidence included economic analysis on the cost of Brexit to business should UK Chartered Trade Mark Attorneys (CTMAs) not maintain rights of representation at the European Union Intellectual Property Office (EUIPO).

In its report, the APPG recommends that: “The Government should seek to secure rights of audience in EU courts such as the CJEU and the EUIPO”.

Responding to the report, CITMA President Tania Clark said: “We welcome this report, particularly the call for rights of representation at the EUIPO.  Not maintaining these rights will be bad for businesses as well as for the Chartered Trade Mark Attorneys who represent them at an EU level.  CTMAs are the largest single group responsible for EU trade marks and registered community designs from non-EEA countries, bringing in millions of pounds to the legal sector every year”.

The evidence submitted by CITMA showed that the financial impact of CTMAs losing their right to represent clients at the EUIPO is likely to be between £789 million and £1.7 billion per year.

The APPG’s report further recommends that: “The Government should ensure that any future relationship with the EU includes a mechanism for UK lawyers to practise EU law via the mutual recognition of professional qualifications and law firm structures”.

In addition, it states: “Any transitional agreement should replicate the current legal framework as far as possible to ensure legal certainty and prevent businesses and individuals from having to adapt to changes in their rights and obligations twice – once during a transitional phase and once upon implementation of a new UK-EU agreement”.

Finally, the report says: “A ‘no deal’ scenario should be avoided at all costs”.  To read CITMA’s press release in full and for a link to the APPG report, click here.