CIPA Journal, January 2018

Page 5

UP FRONT

EDITORIAL

Clare College Bridge (left), Clare College and King’s College Chapel

say (and of course it could not, but practitioners could reasonably forecast) is that it is almost certain that the UK will make arrangements for an EU trade mark to be translated into some national UK protection even if no other deal is reached. I would venture that it is inconceivable that the UK Government

will not provide for some mechanism of an EU trade mark subsisting at the time of Brexit be recognised in some way under UK law, not least having regard to the large number of UK businesses that rely on such protection in the UK. This sort of sensationalist speculation is unhelpful. Advice to clients should

reflect the fact that there is uncertainty, but be dispassionate about its impact. The message for the New Year – take opportunities, build bridges – but do so on solid foundations. Fight the temptation to stir the pot of Brexit uncertainty. There is enough of that arising from decisions of the Supreme Court just now.

References 1. https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/news/Brexit_preparedness_notice_on_IP.pdf 2. World Trade Mark Review, 8 December 2017: “A warning to prepare for ‘no deal’: EUIPO issues Brexit notice as negotiations move to next stage” 3. Kluwer Trademark Blog, 8 December 2017 – http://trademarkblog.kluweriplaw.com/2017/12/08/brexit-ip-doomsday-scenario-spelled-euipo-gets-frankeutm-rcd-owners-happens-uk-lands-no-deal/

CIPA CONGRESS 2018

JUMERIAH CARLTON TOWER HOTEL 27-09-18 SAVE THE DATE Volume 47, number 1

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JANUARY 2018

CIPA JOURNAL

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