IP and Fashion: the Consequences of Brexit

UK and the remaining Member States

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Jane Lambert

Last month I conducted a seminar on IP and fashion for MBL Seminars in London.  As the fashion industry relies on EU trade marks and registered Community designs more than most I have published on article on the effect of Brexit on the IP rights used in that industry.

In that article, IP and Fashion: the Effect of Brexit 10 July 2016 4-5 IP, I have referred to art 50 of the Treaty of European Union which provides that the EU Treaties and all legislation derived from them will cease to apply from the coming into force of the withdrawal agreement or two years after our giving notice to withdraw whichever occurs soonest. It follows that all EU legislation will fall away upon our leaving the EU but there will be a difference between legislation enacted by Parliament to give effect to EU directives and regulations made by the EU institutions.

Legislation made to give effect to EU directives such as out Trade Marks Act 1994 and the Registered Designs Act 1949 will remain in force because they are Acts of Parliament but regulations such as the EU Trade Mark Regulation and the Community Design Regulation will fall away immediately. As a result EU trade marks and registered Community designs will cease to apply to the UK, unregistered Community designs will dissolve and the courts of the UK will no longer have jurisdiction in EU trade mark and Community design disputes.

That will require a thorough review of all agreements relating to those rights and in some cases renegotiation and re-drafting. Inevitably legal costs will rise appreciably though these may be offset by costs savings here and there.  I shall be discussing these and other changes resulting from Brexit in a seminar in September. If in the meantime you wish to discuss any of these developments call me on 020 7404 5252 or contact me through this form.

London Chamber of Commerce and Industry

City of London from the Thames

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Jane Lambert

The other day I received a copy of an email from our director of policy welcoming our "organization" to membership of the London Chamber of Commerce and Industry.  According to the Chamber's website it is the capital's largest independent networking and business support organisation representing the interests of thousands of companies, connecting over 500,000 business people  every year and offering a wide range of practical and professional services.

I have spent much of the morning exploring the website, particularly

• the Events and Networking page and the Events Calendar, 
• the Policy and Public Affairs page and in particular the Chamber's press releases, and
• the Business Advice Services page.

I intend to make the most of our membership and participate in as many of those events as possible. It is a great opportunity to explain to business leaders what members of our profession can do for them (see IP Services from Barristers 6 April 2013 4-5 IP blog) and the different ways they can access our services from our workshops and pro bono clinics to our high level representation and consultancy.

Coincidentally, I downloaded and read yesterday Eddie Copeland and Cameron Scott's report Silicon Cities which is published by Policy Exchange. This report discusses how to support the development of tech clusters outside London and the South East of England. As I was born in Manchester and still live in the town where Last of the Summer Wine was shot (we actually have a real vineyard just outside by the way) that is a topic that is very dear to my heart. As I have argued elsewhere it is in the national interest to create a counterweight to London and this report suggests ways in which that can be done. But creating a counterweight does not mean creating a brake. On the contrary it means creating a partner for the capital.

I was pleased to read the Chamber's press release Time to give cities the powers to grow of the 9 July 2014:

"Having long campaigned for greater financial freedom for London, today's report represents a welcome indication that Parliament understands the benefits that fiscal devolution will bring to the capital, and England's other cities and regions."

I made exactly the same point in a question to Nick Clegg at the Leeds International Economic Conference a few days earlier (see "Power. Performance. Potential. Leeds Economic Conference" 5 July 2014 IP North West).  The idea of a North South divide in a country the size of Britain has always been absurd to me. It is good to see that we are all beginning to sing from the same hymn sheet at last.