TITLE V: INTELLECTUAL PROPERTY Chapter 1: General provisions Article IP.1: Objectives The objectives of this Title are to: (a) facilitate the production, provision and commercialisation of innovative and creative products and services between the Parties by reducing distortions and impediments to such trade, thereby contributing to a more sustainable and inclusive economy; and (b) ensure […]
Category: Intellectual Property
EU & Copyright
Enhancements EU legislation has provided for various enhancements and harmonization of the rights of various copyright holders. Directive includes extensions in relation legal protection of computer programs. resale rights rental and lending rights relating to copyright in the field of intellectual property. computer programme protection copyright and related rights applicable to broadcast programs by satellite […]
EU & Trademarks
European Trademark The European Community Trademark allows for a single unitary trademark enforceable directly throughout the EU. It is necessary to register the trademark. It may consist of signs capable of being represented graphically including names, designs, letters, numerals, the shape of goods or packaging. The signs must be capable of distinguishing the goods and […]
EU & Patents
European Patents The European Union has been active in harmonizing intellectual property rights. It has provided for a Community Trademark and European Patent in tandem with national intellectual property rules. It has also provided for minimum protections in respect of certain aspects of intellectual property. It has also been at the forefront of extending intellectual […]
EU & Trade Secrets
Protecting Undisclosed Trade Secrets AN EU directive protects of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure Acquiring a trade secret is considered lawful if it is obtained by: independent discovery or creation; observation, study, disassembly or testing of a product or object that has been made available to […]
Intellectual Property Enforcement
Enforcement An EU directive provides for harmonization of the enforcement of intellectual property rights. The purpose is to create a level playing field in relation to such rights. The directive applies to any infringement of intellectual property rights as provided for under EU or national law. It does not affect the substantive intellectual property rights. […]
EU Agricultural Designations
Traditional Specialty Guaranteed Agricultural products intended for human consumption or foodstuff with a traditional composition produced in accordance with traditional production methods may become a Traditional Specialty Guaranteed. The designation as a TSH boosts farmers income and is seen as positive in maintaining rural areas. The TSGs are recognized at the community level and entered […]
EU & Miscellaneous IP Rights
Semi-Conductors The directive on the legal protection of semiconductor products requires member states to adopt legislation to protect them insofar as they are the result of the creator’s intellectual effort and not commonplace in the industry. The protection is granted to the person who created the topography subject to them being a person who is […]
International Designs UK 2021 Guidance
Guidance International EU protected designs Changes for businesses and holders of international EU protected designs. From: Intellectual Property Office and Government Digital Service Published: 24 February 2021 Contents Creation of the re-registered international design Numbering of re-registered international design Pending applications Opt-out of holding a re-registered international design Renewals and restoration Deferred publication Print this page Protected […]
Trade Marks UK No Deal Notes
Purpose If the UK leaves the EU in March 2019 without a deal, find out how this would affect: registered Community designs unregistered Community designs correspondence addresses and confidentiality for UK trade marks and designs Continued protection of registered trade marks and designs in the UK Before 29 March 2019 (may also apply to new exit date on 31 December 2020) EU trade marks and registered […]
Patents UK No Deal Notes
Purpose If the UK leaves the EU in March 2019 without a deal, find out in this notice how this would affect: the UK patent system and supplementary protection certificates the Unified Patent Court and unitary patent correspondence addresses and confidentiality for UK patents Patents and supplementary protection certificates Before 29 March 2019 (may also apply to new exit date on 31 December 2020) Only a […]
IP Rights Exhaustion UK No Deal Notes
Purpose If the UK leaves the EU in March 2019 without a deal, find out in this notice how this would affect the exhaustion of intellectual property rights. Before 29 March 2019 (may also apply to new exit date on 31 December 2020) Intellectual property rights give the business, organisation or individual that holds the rights (the right holder) certain exclusive entitlements, which include the right […]
Copyright UK No Deal Notes
Purpose If the UK leaves the EU in March 2019 without a deal, find out in this notice how this would affect cross border copyright. Before 29 March 2019 (may also apply to new exit date on 31 December 2020) The UK and other EU member states are party to the main international treaties on copyright and related rights. Under the rules of these treaties, countries […]
Geographical Indications UK No Deal Notes
Purpose This notice informs UK producers about what might happen to geographical indication (GI) protection, and action they may wish to consider taking, should the UK leave the EU in March 2019 without a deal. Before 29 March 2019 (may also apply to new exit date on 31 December 2020) Producers in the EU can protect the names of their products under GI regulations put in […]
International Trade Marks UK Post-Deal Guidance
Guidance Changes to international trade mark registrations after 1 January 2021 International trade mark registrations protected in the EU under the Madrid Protocol will no longer enjoy protection in the UK after 1 January 2021. Published 30 January 2020 Last updated 21 January 2021 — see all updates From: Intellectual Property Office and Government Digital Service Contents Comparable […]
EU IP Protection in UK Post-Deal Guidance
Guidance Retaining protection in the UK for EU Intellectual Property rights Published 4 January 2021 Contents UK registration numbers for the equivalent rights Trade Marks Registered Designs Opting out of a comparable UK registration Further information Print this page The Transition Period relating to the UK’s exit from the European Union will end on 31 […]
Copyright Changes UK Post-Deal Guidance
Guidance Changes to copyright law from 1 January 2021 This guidance covers the impacts on UK right holders and users including businesses, cultural heritage institutions and consumers. It is not legal advice. Published 30 January 2020 Last updated 4 January 2021 — see all updates From: Intellectual Property Office and Government Digital Service Contents Background Protection of UK […]
Plant Variety Notes UK No Deal Notes
Purpose This notice sets out how trade in seed and propagating material between the UK and the EU would be affected if the UK leaves the EU in March 2019 without a deal, and how plant breeders would be able to protect their intellectual property. Before March 2019 Plant variety rights Plant variety rights are […]
Intellectual Property Guidance
Guidance Intellectual property after Brexit Parts of UK intellectual property (IP) law will change when the UK leaves the EU. Published 1 February 2019 From: Department for Business, Energy & Industrial Strategy Contents What your business needs to do now How this will affect your business if there’s a deal How this will affect your […]
Food and Drink Names Guidance
Protecting food and drink names if there’s no Brexit deal What food and drink producers with ‘geographical indication’ (GI) protection need to know if the UK leaves the EU with no deal. Published 5 February 2019 From: Department for Environment, Food & Rural Affairs Contents Rules from 29 March 2019 (may also apply to new exit date on 31 December 2020) Use of UK GI logos […]
IP and Brexit Guidance
Guidance IP and Brexit Updated 1 March 2019 Contents Statutory legislation and business guidance Copyright and related rights Trade marks Designs Patents Copyright Enforcement Exhaustion of IP rights This guide offers information on the future of intellectual property (IP) laws following the decision that the UK will leave the European Union (EU). The Intellectual Property […]
Trade Marks and Designs (No Deal)
Trade marks and designs if there’s no Brexit deal Updated 17 January 2019 Contents Purpose Continued protection of registered trade marks and designs in the UK Continued protection of unregistered Community designs Correspondence addresses and confidentiality for UK trade marks and designs More information Delivering the deal negotiated with the EU remains the government’s top […]
Irish IPO Office Notes
IP Rights in the EU & Brexit The European Commission has sought to clarify what the post Brexit situation will be through the publication of a range of sectorial Brexit Preparedness Notices. Firms are encouraged to review the Notices on IP matters EU trademarks & designs, Supplementary Protection Certificates (19/06/2018 update) and Plant Variety Rights and consider relevant actions that […]
UK Brexit Copyright Guidance
Guidance Changes to copyright law from 1 January 2021 This guidance covers the impacts on UK right holders, businesses, cultural heritage institutions and consumers. It is not legal advice. Published 30 January 2020 From: Intellectual Property Office and Government Digital Service The UK has left the EU This page tells you what you’ll need to do from […]
UK Brexit Guidance Parallel Trade
Exhaustion of IP rights and parallel trade from 1 January 2021 Actions that parallel exporters to the EEA and intellectual property rights holders will need to take after the transition period. Published 30 January 2020 From: Intellectual Property Office and Government Digital Service The UK has left the EU This page tells you what you’ll need to […]
UK Brexit Guidance Patents
Guidance Changes to SPC and patent law from 1 January 2021 What will change and what will stay the same after the transition period in relation to Supplementary Protection Certificates (SPCs) and patent law: information for businesses, legal representatives, and UK rights holders. Published 30 January 2020 From: Intellectual Property Office and Government Digital Service The UK […]