Reminder to all with EU trade mark and design applications pending on 1 January 2021 that they can still file for a UK right and claim the earlier EUIPO filing date. Please be advised that you will need to act quickly as this service is only available until 30 September 2021.
Supplementary Protection Certificates (SPCs): Could the EU/UK trade deal have an impact on future SPC terms in Europe?
Just over one month into the “real Brexit” we have already seen two very high profile consequences of its impact on the pharmaceutical industry.Firstly, the UK’s medicine agency (the MHRA) approved the BioNTech/Pfizer and Oxford University/Astra Zeneca Covid-19 vaccines faster than the European Medicines Agency (EMA). Then, at the end of January, the European Commission threatened to prevent Covid-19 vaccines passing into Northern Ireland from Ireland. I am certainly not going to explore the potential political ramifications of this (swiftly withdrawn) threat of the EU Commission – twitter commentators have had their say on that – but I am interested in whether this unique situation on the island of Ireland could have future consequences for supplementary protection certificates (SPCs) in the UK and Europe.
Concise guide to Brexit and intellectual property
Brexit and intellectual property – a guide
Brexit and intellectual property – FAQs in detail
The UK has now left the EU, following a transition period that ended on 31 December 2020. In contrast to the position in a number of industries, the position in relation to IP rights has been relatively smooth. The UK Intellectual Property Office (UKIPO) has created and entered into its database the comparable rights based on EU trade mark and design registrations which were all in place as of Exit Day. The Office is continuing to work on comparable rights created from EU designations filed via the Madrid or Hague systems and appears to be making good progress. The UKIPO should be commended for this, particularly in view of the current working conditions.
The rules governing address for service for intellectual property rights in the United Kingdom will change after the UK exits the European Union on 1 January 2020. Subject to legislative implementation, which is expected this week, from 1 January 2021 the UKIPO will no longer accept addresses in the EEA as a valid address for service. As a result, any party wishing to file an application for a trade mark, patent or registered design will need to appoint an address for service within the UK, Gibraltar or the Channel Islands.
Today, the Prime Minister has set out the government’s “ambitious” ten point plan for a green industrial revolution, with those ten points being “built around the UK’s strengths”. 1.Offshore wind: Producing enough offshore wind to power every home, quadrupling how much we produce to 40GW by 2030, supporting up to 60,000 jobs.2.Hydrogen: Working with industry aiming to generate 5GW of low carbon hydrogen production capacity by 2030 for industry, transport, power and homes, and aiming to develop the first town heated entirely by hydrogen by the end of the decade.
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