European Commission publishes negotiating position regarding the treatment of intellectual property rights
On 6 September 2017, the European Commission (“EC”) published a position paper setting out the main principles of the EU’s negotiating position regarding the treatment of intellectual property rights (“IPRs”) post Brexit.
Key Proposals
The EC proposes that the following general principles should apply post Brexit:
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- The holder of any IPRs having a unitary character within the EU (“EU IPRs”) (such as European Union trade marks or registered Community design rights) should, where the EU IPR was granted before Brexit, be automatically recognised by the UK as the holder of an enforceabl