MARQUES – along with AIM, APRAM, BMM, CITMA, ECTA and INTA – has sent a Joint Statement to the EU Commission’s Brexit team regarding the negotiations concerning the exit of the UK particularly with regard to trade marks and designs.

The joint Statement can be downloaded from the MARQUES website here (PDF version).

It follows the publication of the Draft Withdrawal Agreement between the EU and UK on 28 February, which includes a section discussing how EU IP rights will be treated on Brexit, and the Notice on the withdrawal of the UK from the EU – EUTMs and RCDs issued on 1 December 2017 and 22 January 2018.

The associations met the Commission on 13 June 2017.

The paper emphasises that IP issues connected with Brexit should be guided by the general principles of “minimum disruption, minimum cost and maximum retention of rights”, and recommends that negotiations be conducted with maximum transparency.

It offers further thoughts on the following issues: existing rights; pending applications; unregistered designs; aspects on use; exhaustion of rights; enforcement; and representation.

Finally, the paper notes that the organisations might have more detailed views on other issues, and might address the Commission directly on those of most concern to their members.

The paper is available on the Brexit Task Force page on the MARQUES website, where other relevant information can also be downloaded.

For more information on MARQUES work on Brexit, contact the Task Force Chair Roland Mallinson.