The process of the UK leaving the EU.
As discussed in our recent post here, the draft withdrawal agreement published by the EU Commission sets out a potential framework for trade mark and design rights AB (Anno Brexit). Certain implications of this framework for trade marks were discussed in our previous post. This post will consider some of the key implications for holders…
On 28th February, the EU Commission published the Draft Withdrawal Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the “Draft”), as can be viewed here, with commentary here. In a week of weather warnings, plunging temperatures and de-icer fume…
The draft Brexit Withdrawal Agreement between the EU and the UK, which was published by the European Commission on 28 February 2018, provides for continued protection in the UK of registered or granted IP rights. According to article 50 (1) of the draft agreement, the holder of a EU trade mark, design or plant variety right,…
In a recent communication, the organisations that represent the main UK IP professions have jointly reached out to the UK Department for Exiting the European Union with a series of recommendations. Essentially, the purpose of the communication was to list concisely the key areas of IP-related concern for rights holders and those who practise in…
On 5th December the European Commission and the EUIPO issued this notice to EUTM and RCD applicants and owners. It is a stark spelling out of what will happen on the date of withdrawal of the UK from the EU – 30 March 2019 – if there is no agreement on the issue of EUTMs…
The Court of Justice of the European Union (CJEU) has denied the Tea Board’s (TB) appeal against the General Court’s (GC) decision to allow Delta Lingerie’s (DL) application for various ‘Darjeeling’ marks in classes 35 and 38. In 2010, DL applied to register four figurative EUTMs including the word ‘Darjeeling’ in classes 25, 35 and…
Earlier in September, a task force representing the European Union Commission released a position paper to the EU27, setting out their preliminary position on the continued protection of IP rights in the UK. It has been met with a mixed reception, but within it there are certainly positive indications for holders of unitary rights (such…
Lord Neuberger, or Baron Neuberger of Abbotsbury to his friends, has taken aim at the need for clarity around legal precedent in the post-Brexit landscape. Having spent decades on the front line of statutory application and legal interpretation, Lord Neuberger seems well placed to comment on the legal ramifications of removing the CJEU as…
That is the question recently raised at the Chancery Division of the High Court in England and Wales within the case of Sky Plc & Ors v SkyKick UK Ltd & Anor [2017] EWHC 1769 (Ch) (13 July 2017). The Claimants in this case provide a range of services, including pay television, home entertainment…
With perhaps more of a gentle fizz than a bang, the Brexit negotiations finally got underway towards the end of last month. One might be forgiven for having missed this development, given the backdrop of a tragic fire in London and anger directed at the governmental response. Indeed, the outward glare held by many Britons…
