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Mrz 15, 2018 (Newsletter Issue 5/18)
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EU Commission Draft Withdrawal Agreement

On February 28, 2018, the European Commission has published the draft Withdrawal Agreement between the European Union and the United Kingdom.

The draft Withdrawal Agreement translates into legal terms the Joint Report from the negotiators of the European Union and the United Kingdom Government on the progress achieved during phase 1 of the negotiations, published on December 8, 2017, and proposes text for those outstanding withdrawal issues which are mentioned in, but not set out in detail, in the Joint Report. It also integrates the text on the transition period, based on the supplementary negotiating directives adopted by the Council (Article 50) on January 29, 2018.

The draft text which will now be discussed with the European Council and the Brexit Steering Group of the European Parliament before presentation to the UK Government for negotiation. The draft text is encouraging as it confirms that the EU is willing to agree to a seamless protection for trademark and design right-holders. In particular, the text envisages the creation of a corresponding UK trademark and design registration replicating any existing EU trademark and design registration without the need for re-examination by the UK Intellectual Property Office.

The text of the Agreement is a draft version and is subject to change. It can be seen here

It should be noted that European patents are not mentioned in the text because patents are unaffected by the withdrawal of the UK from the European Union.