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Intellectual Property

Department for Business, Energy and Industrial Strategy written question – answered on 26th October 2018.

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Photo of Lord Smith of Finsbury Lord Smith of Finsbury Non-affiliated

To ask Her Majesty's Government whether it is their intention that UK Patent and Trade Mark Attorneys should continue to have rights of representation in EU countries, whatever the outcome of the Brexit negotiations might be.

Photo of Lord Henley Lord Henley Parliamentary Under-Secretary (Department for Business, Energy and Industrial Strategy)

We firmly believe it is in the interests of both the EU and UK to strike a deal and we remain confident that we will agree a mutually advantageous deal with the EU. In this scenario the UK’s market access to the EU will continue on current terms during a time limited implementation period, including UK practitioners’ rights of representation. However, in the absence of any withdrawal agreement with the EU, arrangements for representation before the EU bodies and in EU Member States will be a matter for the EU and its Member States. Rights of representation before the European Patent Office will not be affected by EU exit, as this is not an EU body.

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