IP Rights after Brexit? The European brand owner association expresses its concerns

On 20 November 2017 the European brand owner association (MARQUES) published a Brexit position paper where it sets out its position about the upcoming Brexit and the concerns towards the so far not drawn consequences for EU harmonised IP rights. 

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Even though the Brexit day is in less than 18 months away, the governments of the UK, EU member states and the EU Commission still have not commenced any negotiations concerning this topic. Therefore, many businesses are in a constant insecurity about the future of their trademark, design and geographical indicator rights.

In order to avoid any risk of potential material threat to the interests of European IP right proprietors, the association states that the above mentioned parties should primarily agree on following three points. Firstly, no loss or diminution of protection of existing IP rights has to be guaranteed in the EU as well as in the UK. Then there should be no additional costs in order to maintain now existing rights. Finally, to prevent administrative burden on businesses when retaining their rights. The association furthermore sets a 12-point plan which includes proposals about how the EU harmonised rights should be regulated during and after Brexit. This plan covers, for instance, topics as to rights in force at the time of Brexit, creation of new rights in the UK after Brexit or how to deal with pending applications and litigation that are based on EU rights.

For a better insight on this topic, check the whole MARQUES position paper here.