UK Government sets out negotiation position on IP
The UK Government is open to cooperation with the EU on intellectual property and is seeking to ensure high standards of protection for trade marks and designs.
Published on 27th February 2020, the document sets out the UK’s approach to negotiations with the EU on all IP rights.
The document also outlines the UK Government position on Geographical Indications (GIs) – which signals a possible divergence in the GI regimes of the EU and the UK.
The UK Government says that it seeks an agreement which “secures mutual assurances to provide high standards of protection for IP rights, including registered IP rights such as patents, trade marks or designs.”
The document goes on to state that it is “open to discussing mechanisms for cooperation and exchange of information on IP issues of mutual interest”.
The full text on intellectual property is below:
Chapter 23: intellectual property
71. The Agreement should include an Intellectual Property (IP) chapter that secures mutual assurances to provide high standards of protection for IP rights, including registered IP rights such as patents, trade marks or designs, or unregistered rights such as copyright, trade secrets or unregistered designs.
These provisions should make reference to and exceed the standards set out in international agreements such as the WTO agreement on Trade-Related Aspects of Intellectual Property and World Intellectual Property Organisation treaties.
The UK is open to discussing mechanisms for cooperation and exchange of information on IP issues of mutual interest.
72. There are different ways of proceeding on Geographical Indications (GIs) and the UK will keep its approach under review as negotiations with the EU and other trading partners progress.
Any agreement on GIs must respect the rights of both parties to set their own rules on GIs and the future directions of their respective schemes.
There was also news on the Unified Patent Court (UPC) yesterday (27th February).
A spokesperson from the Prime Minister’s office told Joff Wild from IAM: “the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by the CJEU is inconsistent with our aims of becoming an independent self-governing nation.”