INTA Brexit Task Force Analyzes Drafts of EU-UK Future Relationship

Published: September 23, 2020

As the European Union and United Kingdom continue to work out their future relationship, INTA’s Brexit Task Force has published an analysis of each of their respective draft negotiating texts related to intellectual property (IP) issues. The table also compares INTA’s position to both draft texts.

The analysis includes a range of topics: the IP rights that are covered, trademark provisions, registered and unregistered designs, geographical indications, enforcement and recognition of judgments, anticounterfeiting, enforcement and applications for actions, customs collaboration, exhaustion of rights, international registration, representation of rights, collaboration, and .eu domain names.

For example, on just one issue—the fight against counterfeiting—the analysis notes, in part, that both the EU text and the UK text provide that each party “shall adopt or maintain procedures under which a right holder may submit applications requesting customs authorities to suspend the release of or detain suspected goods, but the procedures are not detailed.”

Further, the EU text and the UK text provide for the same definition of “suspected goods” and allow for the destruction of suspect goods without there being any need for formal determination on the infringement. However, while the EU text provides for procedures allowing for the swift destruction of counterfeit trademark and pirated goods sent in postal or express couriers’ consignments, the UK text does not.

Available as a members-only benefit, the comprehensive analysis helps INTA with its advocacy efforts regarding the IP-relevant parts of the EU and UK’s future relationship. Please note that you must be logged in before opening the file.

For more information on INTA’s positions and actions on Brexit, as well as on the process and next steps, see Brexit: Historical Overview and Resources.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

© 2020 International Trademark Association