tag:blogger.com,1999:blog-5574479.post4252711949775089266..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Brexit and Brands – 266 days and counting, and then at least another 642 days (no, really)Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-7707557901950724492018-07-06T10:41:24.410+01:002018-07-06T10:41:24.410+01:00Regarding rights of representation, my thoughts ar...Regarding rights of representation, my thoughts are that Article 122 of the draft Withdrawal Agreement (highlighted in green) should ensure that these are maintained throughout the transition period, provided that the Withdrawal Agreement is implemented in something resembling to its present form. Presumably this has the effect that Article 93 of the Trade Mark Regulation (i.e. Regulation 2017/1001), governing rights of representation, continues to apply to the UK until the end of 2020. What happens after that is, of course, anyone's guess at the moment.<br /><br />On the role of the CJEU I confess to some bafflement. Articles 82 etc. which are referred to in the post above appear to provide a continued role for the CJEU throughout - and, in some cases, beyond - the transition period, and to permit the UK courts to make references to the CJEU. Of course, these provisions are not yet agreed.<br /><br />However, the European Union (Withdrawal) Bill received Royal Assent very recently and is now law in the UK as the European Union (Withdrawal) Act 2018. Section 6(1)(b) of the Act provides that British courts and tribunals "cannot refer any matter to the European Court on or after exit day."<br /><br />This seems to me to contradict the provisions of the draft Withdrawal Agreement permitting continued references to, and jurisdiction of, the CJEU during the transition period. These provisions would now presumably be contrary to domestic UK law if implemented. Can anyone explain how we get out of this conundrum?Alex Robinsonnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-41113765841216763062018-07-05T19:48:14.930+01:002018-07-05T19:48:14.930+01:00the Transitional agreement does not cover represen...the Transitional agreement does not cover representation so it’s not certain that representation rights continue. In fact I think representation dies on Brexit day and we will be on the sidelines then. The Eu IPO official at INTA thought this possible too. Our Minister hasn’t shown as much interest in our careers as he has in university researchers being able to play with EU funds during Transition. An extra two years would be nice to settle oppositions and appeals but I’m looking for other homes for my clients. Fortunately my Docketing system can easily create a duplicateFilemothttps://www.blogger.com/profile/15735898485265104580noreply@blogger.com