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European Commission paper on Brexit and IP

20 September 2017

By Sahira Khwaja and Clare Matheson

The European Commission has released a position paper on “Intellectual property rights (including geographical indications)” giving us the first indication of how the Commission will approach the Brexit negotiations with the UK regarding Intellectual Property Rights (“IPR“).

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Services: Intellectual Property

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The UK takes a position on the CJEU

7 September 2017

By Charles Brasted

The UK's position paper on dispute resolution and the role of the CJEU begins the process of squaring the circle created by the UK's stated intention to retake control from the CJEU.  As far back as the Prime Minister's Lancaster House speech in March, legal commentators noted careful reference to the direct jurisdiction of the CJEU. That word could become of crucial importance to negotiations, which will need to reconcile the EU's political requirement that the autonomy of EU law is preserved with a demonstrable end to the CJEU's current role in the UK.  It is a circle that can be squared and exiting arrangements including free trade agreements and the Unified Patent Court provide indicators of where compromise may lie.

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Jurisdictions: United Kingdom

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EU-Japan Economic Partnership Agreement

7 September 2017

By Jacky Scanlan-Dyas

On July 6, Japan and the EU reached an "agreement in principle" on a future "Economic Partnership Agreement". The partnership has been hailed by the European Commission as "the most important bilateral trade agreement ever concluded by the EU" and is dedicated not just to reducing tariffs and non-tariff barriers, but also commits both parties to develop sustainability, including implementation of the Paris climate agreement. Shinzo Abe, Japan's prime minister, spoke of "the birth of the world's largest free, industrialised economic zone," which is not an overstatement, given that between them they represent 19% of global GDP and 38% of goods export.

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Jurisdictions: Japan

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UK publishes position paper on "Continuity in the availability of goods for the EU and the UK"

25 August 2017

By Helen Kimberley and Josefine Crona

In a position paper published on Monday (21 August 2017), the UK Government has outlined its priorities for the upcoming negotiations in respect of the availability of goods and services following the UK's withdrawal from the EU in March 2019. This follows a position paper published by the European Commission in July relating to goods placed on the market before the withdrawal date.

Although the proposals do not consider a long term framework for goods and services, the paper hints at the UK's intentions for a future solution by acknowledging the mutual benefits of the longstanding trading relationship between the UK and the EU and emphasising the Government's objective of maintaining the "freest possible future economic relationship" based on the existing common regulatory system. 

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Industries: Life Sciences and Healthcare