IP Federation Brexit policy position (updated 20 January 2017)
20 January 2017
The IP Federation policy position on Brexit is as follows:
- Certainty is paramount to industry.
- All accrued and pending intellectual property rights must be preserved in the UK post-Brexit. This is a top priority issue.
- The UK must provide for the ability to obtain equivalent UK rights in the UK post-Brexit. This is a top priority issue.
- We recognise the benefits for industry that can come from the Unitary Patent and Unified Patent Court and call on the UK and other Contracting States to work together urgently to enable the UK to stay in the system after Brexit, and to give consideration to transitional arrangements in case the UK or any other Contracting State is unable or unwilling to remain in the system.
- Once the UPC is established, the involvement of non-EU, European Patent Convention Contracting States (e.g. Switzerland, Norway) in the UPC could be an advantage to industry, and should be explored.
- We encourage the use of the Patent Box and R&D tax credits to support the UK as an innovation-friendly economy.
- Exhaustion of IP rights needs to be dealt with actively upon Brexit. We do not support full International Exhaustion as this would be highly detrimental to the UK’s IP-intensive industries.
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