Hard Brexit Impact Analysis

Page 87 of 106 Category If no agreement is reached: Consequence EU Document Trade Intellectual Property As of the withdrawal date, the EU rules on customs enforcement of intellectual property rights no longer apply to the United Kingdom. EU rights and enforcement of intellectual property rights will be replaced by those in the UK. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF CUSTOMS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS Trade Intellectual Property Post withdrawal treatment of active Submission of Union applications: Union applications submitted in one of the EU 27 Member States remain valid in the EU 27 as of the withdrawal date even if the customs authorities of the United Kingdom are amongst the customs authorities requested to take action. Where a Union application was submitted in a Member State other than the United Kingdom, only requesting the customs authorities of that Member States and the customs authorities of the United Kingdom to take action, that application remains valid as a national application for the Member State in which it was submitted. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF CUSTOMS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS Trade Intellectual Property Post withdrawal treatment of active Decisions concerning granted Union applications: Decisions granting Union applications adopted in one of the EU 27 Member States remain valid in the EU 27 as of the withdrawal date even if the customs authorities of the United Kingdom are amongst the customs authorities required to take action. Where a Member State other than the United Kingdom adopted a decision granting a Union application, requiring only the customs authorities of that Member State and the customs authorities of the United Kingdom to take action, that decision remains valid for the Member State in which it was submitted. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF CUSTOMS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS Trade Customs Backstop As of the withdrawal date, unless another solution is found, the backstop agreement allows for: An Open border between Ireland and Northern Ireland, Access of Northern Ireland to Single Market for goods, EU tariffs and rules of origin apply to non-EU goods (e.g. UK made goods), EU VAT and excise rules apply, EU product safety and quality standards (e.g. food, chemicals and consumer goods) apply, EU rules on animal health and welfare apply. Under the back stop agreement customs clearance would take place at points of entry to Ireland or Northern Ireland BUT NOT at the Northern Ireland / republic border. THE EU'S 'BACKSTOP' PROPOSAL