Posted by Louise Prance-Miles on 27 May 2020
The news follows nearly four years of lobbying the IPO, Government and policy makers on the importance of EU unregistered rights protection for UK designers after we leave the EU.ACID has consistently gathered evidence supporting the potentially negative consequences of losing unregistered rights' protection in EU27 for UK designers, the majority of whom rely on unregistered rights.
The draft text (page 216 for Designs' reference) was initially shared by the UK negotiating team with the Task Force for Relations, with the United Kingdom as a draft negotiating document, but has now been made public.
Dids Macdonald, OBE., ACID CEO said, "The fact that there is a provision in the text that designs shown in the UK would receive protection across the EU as we leave the EU is hugely significant but, of course, this is only the UK's text and no guarantee there will be a deal or the EU will agree. However, it's a really positive step in the right direction. I would like to thank all those that gave evidence and the organisations that have supported us thus far, The Alliance for Intellectual Property, The Design Council, The British Furniture Confederation, Design Business Association, Lighting Association, The British Institute of Interior Design, The Design Trust, Crafts Council, Furniture Makers' Company to name a few."
ACID chief counsel Nick Kounoupias, Kounoupias IP said, "This certainly is good news for UK designers who will need protection within the EU post 31 December 2020. However, it has still to be agreed by the EU. We can see no reason in principle why this should prove to be a controversial issue for the EU and we look forward to hearing that it has been agreed in the future."
ACID hopes that talks with the EU will be productive, following tensions in resumed talks after the UK escalated tensions by accusing Brussels of only offering a "low-quality" trade deal. Downing Street's chief negotiator, David Frost, said the agreement on offer amounts to "unprecedented oversight" of laws and institutions from 1st January 2021.