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Chaos looms over IP law in the event of a ‘no deal’ Brexit

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The Law Society has published guidance for UK solicitors covering changes to Intellectual Property (IP) Law indicating the potential for chaos and confusion for broadcasters and media outlets should the UK leave the EU on a ‘no deal’ basis. As yet another unintended consequence of crashing out of the EU with no deal, broadcasters may have to get full copyright permission for every EU country that they broadcast to, rather than the current situation whereby they only need copyright permission from the country they are broadcasting from.

The problem would arise due to the ending of the EU SatCab Directive (93/83/EEC) which grants broadcasters blanket transmission rights once they have obtained the full copyright from the single country that the transmissions are sent from. Even if UK incorporated the EU laws into its own legislation, a reciprocal agreement would still be required from the EU.

The Society is also making UK Law Firms aware that registered EU trade marks and designs would also no longer be protected in the event of a no-deal Brexit, even though the UK government has said that equivalent protections would be put in place. Law Society president Christina Blacklaws commented:

The law governing intellectual property is largely harmonised across the EU. Much of the legislation and case law stems directly from EU level law. The government has taken steps to try to minimise disruption for rights holders but they will still need to be alive to the pitfalls resulting from a no deal exit as the current reciprocal arrangements between the UK and EU27 from which we have benefited until now will come to an end if we go out without a deal.”

If you are thinking about taking legal action over an IP dispute but are worried about the costs of resolving the dispute or going to court, Advantage Litigation Services can help. We have vast experience navigating the different ways of funding commercial dispute resolution and are best placed to help you identify the most appropriate funding option and litigation protection that will best benefit you and your business. Click here to contact us or call 0800 160 1298 to discuss how we can help you manage the risks and find a funding option that works for you.

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