Intellectual Property Law after Brexit

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Intellectual Property law in The UK is a complex area that may be impacted by the post Brexit scenario. The precise impact may be unknown, but it depends on how the negotiations pan out for both parties.

Our law tutors have found the following points relevant.

What is Great Repeal Act?

As per Wikipedia “Great Repeal Bill may refer to two items of United Kingdom legislation: Great Repeal Bill (2008 proposal), Conservative proposal which fed into the Protection of Freedoms Act 2012. European Union (Withdrawal) Act 2018, first proposed under the title “Great Repeal Bill” in 2016 by the May ministry as part of Brexit.”

This would repeal the European Communities Act 1972 and restate in The UK law of all enactments by ensuring that all law remains in force, until specifically repealed.

As a result, the same laws, regulations would apply, right after or before departure from the European Union.

How does this effect?

Due to the Copyright Design & Patents Act 1988 would remain highly unchanged ( As amended to implement to Copyright Directives) and that judgments such as that in (C-5/08) Infopaq International would continue to provide important authority in UK law. The same would be true of the Trade Marks Act 1994 and judgments which have determined its scope, such as (C-487/07) L’Oréal v Bellure.

Furthermore, it also shows that the Government would intends that any directly applicable rules would automatically be absorbed on the departure form the European Union.

Other indications

In intellectual property law, current legislation is referred to Union institutions which would be ineffective. The same goes for the Trademark regulations, as the European Intellectual property office assumes significant functions as the registration body. The whitepaper also states that any adjustments made by the Government, would be effected by the secondary legislation made under Great Repeal Act.

Good to know

Patent law is little different in this case, as European Union has played a less important role in development of The UK law in this area over trade mark and copyright law. After prolonged negotiations many Union states have entered in to an agreement to establish a unified patent court.

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