The Final ‘No Deal’ Brexit Technical notes
On 24th September, the Government published the final set of its ‘no deal’ Brexit technical notices. A total of 76 notices have been published, and we continue to urge all businesses to review the notices relevant to their sector and make appropriate plans to ease against any possible disruption.
Camden Town Unlimited and Euston Town have published summaries of the previous technical papers with the first batch from 23rd August found here and the second set from 13th September found here.
We are also currently running a survey to find the gaps that exist in assisting businesses to understand Brexit. Please fill out this survey https://www.surveymonkey.co.uk/r/CTUET in order for us to understand the support that you need.
Aviation
Businesses exporting cargo from the UK to the EU will need to be aware of disruption to their supply chain if the EU doesn’t reciprocate cargo safety regulations. While the UK has recognised EU standards for imports into the UK, the EU has not provided any details of how carriers should apply for its default regulatory position. We would urge businesses to review their supply chain in the event that an arrangement is not agreed.
Cargo from the EU to the UK will not require any new cargo security designations to ensure limited to no disruption from the EU.
Cargo to the UK from non-EU countries will continue to be permitted and the UK will not create any barriers to international trade.
Copyright
Copyright legislation will remain largely unchanged in the event of a no deal scenario. International treaties will continue to protect copyright legislation in the UK, and the Withdrawal Act 2018 will transfer EU copyright law into UK statue books.
In the event of ‘no deal’, the EU cross border mechanisms, which are unique to the EU and go beyond the provision of international treaties and provide reciprocal protections and benefits between EU members, will cease. The UK will be treated as a ‘third country’ in the entire cross border mechanisms that currently governs copyright laws.
Meaning, for example, that European Economic Area (EEA) states will have no obligation to provide database rights to UK nationals and that their rights are unenforceable in the EEA. Businesses may wish to find alternative forms of protection for their databases.
The government will be publishing detailed guidance alongside any legislative changes and will work closely with business representatives, trade associations and stakeholders on the implications.
We urge businesses to seek the appropriate legal or professional advice to ensure that they are complying with all copyright laws.
Intellectual Property
Upon exit day, the UK will continue to recognise the same regime that existed previously. Therefore, there will be no change to the rules affecting imports to the UK, and businesses undertaking this activity can continue unaffected. Although, businesses exporting to the EU may wish to check with EU intellectual property right holders to see if permission is needed to continue to use their property.
Patents
Any existing rights and licences operating in the UK will remain in force after March 2019, as the relevant EU legislation will be protected in UK law through the Withdrawal Bill. For UK, EU and third country businesses there will be no significant change to the legal requirements or the application processes.
There is an outstanding issue of the unitary patent (a single patent covering a number of EU states) and the Unified Patent Court. The future of this is unclear, and so further information should be sought nearer exit day.
Businesses may wish to seek legal advice as to how the potential change of patent legislation will affect their business.
Trademarks and designs
Registered trademarks and designs
The UK will establish an equivalent trademark or Community design upon exit day. Businesses that have ongoing trademarks or Community designs that extend past March 2019 will have nine months from exit day to apply for a UK version guaranteeing the same protections as their EU equivalent.
If a business wishes to apply for a registered trade mark or Community design protection in the UK it can be done via post or online. The online form and instructions for applying by post can be found here for trademarks and here for Community designs.
Businesses with EU trade mark and Community design applications that are still pending at the date of exit will be able to refile with the Intellectual Property Office under the same terms for a UK equivalent right, using the normal application process for registered trademarks and registered designs in the UK.
Current EU trade marks and Community designs will continue be valid in the EU after exit day. UK businesses will continue to be able to apply for protection in the EU as they do currently.
Unregistered Community designs
Unregistered Community designs will continue to be protected and enforceable in the UK for the remainder of their right and no action is required on behalf of businesses.
For designs that are submitted after exit day, the UK plans to create an equivalent unregistered design right in UK law known as the ‘supplementary unregistered design right’. This will mirror the current system and have the same protections under the current terms, which will also arise automatically.
Food labelling
Initially all of the current food regulations will be rolled over via the Withdrawal Act, and this will form the basis of future food regulation. The Government will be administering a full public consultation on all food and food product labelling, information for which will be shared at a later date.
‘Geographical Indications’ (GI)
Whether the UK leaves the EU in March 2019 with a deal or not, the UK will set up its own geographical indications (GI) designation, which will be compliant with World Trade Organisation guidance. The details of deadlines to apply for this designation, logo, and appeal processes will form part of a public consultation.
For the 86 products that are currently under the EU system, the UK will automatically recognise them with a new UK specific logo. The UK anticipates that all UK GIs will be protected by the EU’s GI schemes, but if not, then producers will need to reapply to the EU scheme as a ‘third country’. The application process would be similar to that used by EU countries, with the additional need to show that the GI was protected in the UK. The UK Government would provide support and guidance for this process.
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This is not an exhaustive list as it does not cover low carbon electricity, commercial road haulage, exporting and importing plants or animals, regulating chemicals, and buying and selling timber, which are covered in the preparation papers. It is therefore imperative for businesses to seek appropriate legal advice on the developments of these notices where necessary.
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