Government updates position on rights of representation

24th Jul 2018

The UK Government is seeking an arrangement whereby UK and EU legal representatives can jointly support clients with cases before EU institutions post-Brexit.


The Intellectual Property Office (IPO) updated its ‘IP and Brexit the Facts’ document yesterday (23rd July 2018), which now states: “As set out in our White Paper, the UK will be seeking to establish a joint practice arrangement whereby UK and EU legal representatives will be able to jointly support clients with cases before EU institutions, including before the EUIPO and the CJEU.”

The document goes on to discuss cooperation with the EU on its future relationship when it comes to intellectual property.

The ‘IP and Brexit the Facts’ document says: “The UK looks forward to exploring arrangements on IP cooperation that will provide mutual benefits to UK and EU rights holders. Such arrangements will all require negotiation with the EU and we look forward to discussing the possibilities with them, including on registered and unregistered designs.”

The document also seeks to give some reassurances on ongoing cases. “We continue to work with the EU to ensure that there will be appropriate mechanisms in place for those UK practitioners who are representing clients before the CJEU and EUIPO in cases that are pending at the end of the implementation period,” it says.

CITMA President Tania Clark said: “Cooperation between the UK and EU on IP post-Brexit is vital, so I hope the Government follows up on its recent rhetoric in the ‘IP and Brexit the Facts’ document.

“It is important for business that the Government provides clarity on whether UK Chartered Trade Mark Attorneys will continue to be able to represent them at the EU Intellectual Property Office after Brexit. Furthermore, they need to have these assurances as soon as possible.”