101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 72 Correspondence addresses and confidentiality for UK patents UK withdrawal is expected to have consequences on the rights of UK businesses, organisations and representatives to represent themselves, and on their choice of representatives in relation to EU trademarks and registered Community designs. However European Patent Attorneys based in the UK will continue to be able to represent applicants before the European Patent Office. Please see the notice published by the European Patent Office . When a business, organisation or individual (right holder) applies for a UK patent at the UK Intellectual Property Office, they must supply an address for service which is within the European Economic Area (EEA) (which currently includes the EU and hence the UK). UK right holders generally have a UK address for service, either because they appoint a UK-based intellectual property representative to act for them and represent their interests before the Intellectual Property Office, or they represent themselves. Some EEA business, organisations or individuals may also have a UK address for service, if they have appointed a UK intellectual property representative. There are, however, some UK businesses, and many from outside the UK, who have an address for service within the EEA but outside the UK. Legal professional privilege is given to communications between registered intellectual property representatives and their clients. This means that in legal proceedings in the UK, for example, such communications are considered confidential and will not, generally, be shared with those on the other side of the dispute. This privilege is provided for in the UK’s intellectual property legislation. Legal professional privilege is given to patent attorneys registered in the UK and to those intellectual property representatives who are not based in the UK, but are on the ‘list of representatives’ for the European Patent Office. This reflects the geographical area covered by the European Patent Convention (a non-EU international agreement). After 29 March 2019 if there’s no deal There will be no immediate changes to the UK address for service rules. Privilege for patent attorneys will remain unaffected as this is not determined by reference to EU membership. Implications: There will be no immediate implications for UK, EU or third country businesses. The current rules will remain in place at the point the UK exits the EU. Actions for businesses and other stakeholders: There are no immediate actions for UK, EU or third country businesses. The current rules will remain in place at the point the UK exits the EU.