tag:blogger.com,1999:blog-5574479.post3082843055760973449..comments2024-03-28T09:05:22.006+00:00Comments on The IPKat: Brexit: The IP Position Paper and trade marksVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-23652921194289054172017-10-05T17:09:19.020+01:002017-10-05T17:09:19.020+01:00@sequenza. The EU paper is concerned only with the...@sequenza. The EU paper is concerned only with the position of IP existing prior to Brexit, whose life will continue after Brexit. There is a separate negotiation to be had over new IP arising after Brexit and whether the UK can continue to participate in pan-EU IP protection for new stuff.IP Draughtshttp://www.ipdraughts.wordpress.comnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7242399394973371312017-10-04T15:46:41.701+01:002017-10-04T15:46:41.701+01:00Have people not noticed that the document was revi...Have people not noticed that the document was revised and published on 20 September?<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-16659119646054747932017-10-04T12:37:46.752+01:002017-10-04T12:37:46.752+01:00This is an opening bid by the EU. HMG cannot agree...This is an opening bid by the EU. HMG cannot agree to the "same" rights as it would not allow deviation for reasons of public policy e.g. to take account of trade deals with other nations, to deal with new business models e.g. the gig economy, to introduce new exceptions e.g. for political speech, satire or parody, without a decision from the EU institutions. It would also bind the UK to follow ECJ rulings on scope and validity after Brexit. All EU rights holders should probably hope for is a right equivalent to the UK right, which at least following the Great Repeal Bill (as it was) will initially be congruent with the EU right.Athelstannoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-5614404921018524822017-10-04T11:51:43.271+01:002017-10-04T11:51:43.271+01:00Given that the European Commission claims to be bo...Given that the European Commission claims to be bound by its negotiating mandate such that discussions of the future UK-EU relationship are strictly off-limits until "sufficient progress" is made on finances, citizens' rights, and Northern Ireland, I am somewhat surprised by this position paper. IP rights are surely a matter of the "future relationship"...sequenzanoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-12780823979457706172017-10-03T19:14:38.243+01:002017-10-03T19:14:38.243+01:00Where the proposal speaks of "comparable"...Where the proposal speaks of "comparable" rights for trade marks, this could perhaps be contrasted to "equivalent" rights for SPCs Post Brexit. The latter alludes to a close alignment to EU rules, the former to more discretion for the UK. As you say, intentionally vague and high level but overall quite sensible in its brevity... devil will lie in the detail. Birgitnoreply@blogger.com