Geographical indications protected in the EU before the end of the transitional period may continue to be used in the United Kingdom by the persons to whom they are granted from the end of the transitional period, without re-examination, and enjoy at least the same level of protection under United Kingdom law. unless they are no longer protected in the EU. This also applies to protected designations of origin, guaranteed traditional specialities and traditional terms of wine. The publication, published on 31 January 2020, of questions and answers on the withdrawal of the United Kingdom from the European Union, states that “this agreement also benefits geographical indications of British origin (e.g. B Welsh lamb): they will also benefit from protection in the UK and will maintain existing protection in the EU under EU law.” The Political Declaration, which sets out a framework for future agreements on UK-EU relations after the transition, states that the agreement ensures legal certainty and continuity during the transitional period and provides short-term continuity for businesses and consumers. This triggered Article 50 of the Treaty on European Union, which sets out the procedure for a member state`s exit from the Union and introduces a two-year countdown to withdrawal. For financial years beginning on or after the completion of the intellectual property, amendments to the requirements of the Companies Act take effect to reflect the fact that the United Kingdom is no longer subject to EU law. The general principle is that, in most cases, these amendments maintain existing requirements and exceptions. However, there will be some substantive changes. For example, exceptions based on participation in a group led by an EEA parent company are only available for companies with a UK parent company. Although the various provisions relating to it still relate to the “withdrawal” date (since they were adopted as part of a withdrawal without a transitional agreement), Annex 5 to the AVA 2020 states that this can be read as the IP closing date.
EU and UK negotiators reached an agreement on the draft Withdrawal Agreement that allows the European Council (Article 50) to adopt, on 23 March 2018, guidelines for the framework for the future relationship between the EU and the UK. It will certainly not be an easy process and it is possible that further changes to the draft treaty may be made in case of problems during the approval process. For the Withdrawal Agreement to enter into force, it must be approved by: these can be read in the event of a no-deal, together with the UK Government`s plans for the IP system, as they have been designed to be transposable to a situation in which the expected Withdrawal Agreement has been concluded. The EU and the UK have reached an agreement on the Withdrawal Agreement, with a revised protocol on Ireland and Northern Ireland (removal of the backstop) and a revised political declaration. On the same day, the European Council (Article 50) approved these texts. Although most of the necessary changes have been made to the legislation, other changes may occur during the implementation period and it is possible that other changes may result from agreements between the UK and the EU, either as part of a future trade agreement or as part of equivalence decisions under UK and EU law. Sui generis database rights are more problematic, as their qualification depends on whether the author is established in the EEA. The Withdrawal Agreement provides that, if created before the end of the transitional period, these rights will be maintained in the United Kingdom for at least the same period as they would have done, but for Brexit, whether their authors are established in the United Kingdom or the EEA, and the existing database rights at the end of the transitional period sui generis, businesses created by companies established in the United Kingdom will continue to be effective in the EEA. . . .