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Brexit – European Commission Notice regarding .EU domain names

Image from pixabay.com

Late last month the European Commission issued a notice regarding the impact of Brexit on .eu domain names.

The notice states that, unless the EU and the UK agree otherwise in the withdrawal agreement, from 30 March 2019 the “EU regulatory framework for the .eu Top Level Domain” will no longer apply to the UK. This has a number of consequences: (more…)

EUIPO Notice on Brexit – December 2017

On 5th December, the European Commission issued a notice, countersigned by the EUIPO, to right-holders of, and applicants for, EU trade marks (EUTMs) and Registered Community Designs (RCDs), looking at the potential scenario in which no agreement is reached between the UK and the remaining 27 EU Member States in the Brexit negotiations.

The notice states that, unless a ratified withdrawal agreement establishes another withdrawal date or the period is extended, on 30th March 2019 the UK will become a “third country”, i.e. it will no longer be an EU Member State. Any EUTM or RCD rights granted by the EUIPO on or after the withdrawal date will only be valid in the 27 EU Member States and will no longer have effect in the UK.

It is expected that the UKIPO will recognise EUTMs and RCDs that were registered prior to the above cut-off date by granting protection on the UK Register. However, IPcopy recommends giving consideration to filing UK and EU trade marks and designs simultaneously, to ensure adequate protection. (more…)

An insight into Europe – the IP Box debate

hmrc-eu-patent boxToday on IPcopy we have a guest post from FTI Consulting on the subject of the EU Commission’s queries into the IP box regimes of Member States.

Concern over the slow economic recovery in the European Union has meant that tax policy in European Member States has increasingly been used as an instrument to help promote economic growth. Member States have historically had the right to set their own fiscal policies and many have used these to attract investment from particular industries or permit particular operations by companies in the hope to gain a larger share of global business. This has resulted in increased competition between countries not only in the way they set corporate tax rates but also in how they use tax incentives. However some domestic rules are now under the spotlight, as the European Commission starts to investigate certain regimes deemed unfair by their critics.

The latest round of European Commission queries have concerned IP box regimes, but this is now widening in scope to include tax rulings between a Member State’s tax authority and relevant companies as the Directorate General for Competition plays an increasing role in the investigations. (more…)