Identifying the Effects of Brexit on the Protection and Enforcement of IP Rights
Following the United Kingdom’s (UK) decision to leave the wings of the European Union (EU) last June 23, 2016, numerous questions arise as to how Brexit will impact the protection and enforcement of IP rights.
As regards patents, the current system of national and European patents, and the protection and enforcement of those rights in the UK, will be unaffected by Brexit. However, given the UK’s decision to leave the European Union, its government will now need to decide whether, and how, it wishes to participate in the long-awaited Unified Patent Court system that provides for a single application, a single fee and a single court (albeit with different divisions) for Unitary Patent protection across the EU. Further, following Brexit the UK will lose its voice in influencing and shaping future EU legislation, yet may still be subject to it following any ratification of the UPC Agreement.
In short, Brexit will have consequences for IP rights that cannot be avoided by businesses. For example, in order to avoid unwanted costs and pitfalls, businesses should review their IP core agreements, supplement their existing IP portfolios and familiarize themselves with the challenges that Brexit will present for pan-European rights such as EU Trade Marks (EUTMs) and Community Registered/Unregistered Designs.
In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the significant effects of Brexit on the Protection and Enforcement of IP Rights. Speakers will highlight the important issues and provide knowledgeable insight with regards to this important topic.
Key topics include:
- IP Rights After Brexit
- Impacts and Implications
- Protection and Enforcement of IP Rights
- The Unitary Patent System
- Recent Trends and Developments
Steven Baldwin, Associate
Allen & Overy LLP
- The general legal framework (EU Regulations; EU Directives) and their status post-Brexit, and the UK Supreme Court’s decision on Art 50;
- Patents and the Unified Patents Court;
- Brexit’s impact on life sciences: political and legal (including SPCs; the regulatory framework); and
- [EU Trade Marks: challenges for rightsholders]
Dr. Sean Jauss, Partner
Mewburn Ellis LLP
- Hard Brexit impact on EU Trade Marks and Registered Community Design.
- Possibility of a change in trade mark exhaustion?
- Impact on Protected Geographical Indications, Protected Designations of Origin and Traditional Specialities Guaranteed
- The new Trade Secret Directive. What is it, and will it come into force pre-Brexit?
- Finally, thoughts on copyright and EU database rights post-Brexit.
Who Should Attend:
- IP Lawyers
- IP Owners
- In-house Counsel
- IP Asset Managers
- IP Portfolio Managers
- Private and Public Companies
Steven (Steve) has a broad range of contentious and non-contentious intellectual property experience for clients across multiple sectors in patents, copyright, trade mark and trade secrets. Steven has extensive experience in life sciences patent disputes and leads a number of cross-border patent cases relating to blockbuster small molecule and biological products. In 2012, he spent a year working in Allen & Overy’s Paris office (including on the Samsung v Apple litigation) and spent eight months on secondment to GlaxoSmithKline’s Global Patents Team in 2013. He is also a member of the IPLA’s Brexit sub-committee on Supplementary Protection Certificates. In addition, Steven has worked on a number of high value cross-border IP portfolio purchases involving both technical due diligence and validity analyses. He has also acted for world-renowned football clubs on kit sponsorship and image rights deals and has advised clients on celebrity endorsement contracts including the provision of bespoke musical works and acting services for global ad campaigns. Steven studied law at the University of Oxford and obtained a first class mark in his Patent and Copyright Law elective (a module in which he was described as being “at the top of his cohort”).
Steven (Steve) has a broad range of contentious and non-contentious intellectual property experience for clients across multiple sectors in patents, …
Sean Jauss is the head of the legal department at Mewburn Ellis LLP. He has a great deal of experience advising a wide range of clients on IP law, technology transfer and the exploitation of IP. He also works with IP disputes. Sean’s practice ranges across a number industry sectors, but in particular biotechnology, pharmaceuticals, mechanical & structural engineering and materials. Sean has a BSc and PhD in microbiology (from Imperial College and the University of Cambridge respectively) and worked both in private practice at international law firms and in-house as a technology transfer professional before joining Mewburn Ellis. He is ranked in Chambers & Partners, the Legal 500 and Managing IP.
Sean Jauss is the head of the legal department at Mewburn Ellis LLP. He has a great deal of experience …
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Method of Presentation:
NASBA Field of Study:
Business Law - Technical
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About Allen & Overy LLP
Allen & Overy’s ambition is to help the world’s leading businesses maximise the opportunities that globalisation presents and meet the potential challenges. To support their clients’ international strategies, Allen & Overy has built a truly global network that covers Europe, Asia-Pacific, the Middle East, the Americas and Africa.
As well as 44 offices in 31 countries they have developed strong ties with relationship law firms in over 100 countries where they do not have a presence. This network makes Allen & Overy one of the largest and most connected law firms in the world, with a global reach and local depth that is simply unrivalled. Global coverage in today’s market does not simply mean having offices in important cities around the world. For Allen & Overy, it means combining their international resources and sector expertise to work on cross-border transactions directly in the markets and regions important to their clients.
About Mewburn Ellis LLP
Mewburn Ellis LLP is one of the largest IP firms in Europe offering the full range of IP services. They provide commercially focused, creative advice on obtaining, enforcing and exploiting IP rights including patents, trade marks and designs to a wide range of clients across numerous and diverse industry sectors. Renowned for the high quality of their work Mewburn Ellis take a very personal approach to business, nurturing long-term relationships. They are committed to providing IP solutions that work – whatever the size or commercial goals of their clients. The firm benefits from an experienced team of solicitors offering legal advice on IP law, technology transfer and the exploitation of IP. Their dispute resolution team can advise on how best to deal with suspected infringements of IP rights as well as accusations of infringement from third parties.