ECTA Member’s Voice: UK Parliamentary Bill ‘the Retained EU Law (Revocation and Reform) Bill’ or ‘REUL’
By Carin Burchell, ECTA International Trade Committee, Re Markability Limited (UK)
This Parliamentary Bill aims to end the special status of EU law in the UK by 31 December 2023. The effect will be to make it easier to amend, repeal or replace EU law which is currently retained on the UK statute book.
If the Bill becomes law, it will also make it easier for UK courts to depart from retained EU case law.
This is intended to reduce regulatory burdens and costs on UK businesses.
The Bill was introduced into the House of Commons on 22 September 2022, received its second reading on 25 October 2022 and is due to proceed through the Commons Committee stage during November 2022. It will then have to be passed by the House of Lords – so there is still some way to go before it can become law.
Even if the Bill does proceed to legislation, given the current economic climate and political uncertainty, it seems unlikely to us that revised UK IP Law will be enacted soon. That being said, the UK is of course a common law system and IP law will continue to evolve as issues arise, through the courts, in the usual way.
The UK government states that it has committed to maintaining compliance with all its international obligations (including those contained within the Northern Ireland Protocol, the Withdrawal Agreement, and other international treaties).
The UK IPO have recently published an initial list of REUL for IP here. They say that they are going to update this information as their understanding develops and suggest that we therefore keep following this page for updates.
The views expressed are those of our members and not necessarily of ECTA as an association. The content has not been subjected to a verification process, the accuracy of the information contained in the article is responsibility of the author.
The new Design Regulation and Directive have been published for feedback
The new Design Directive and Regulation proposals have been published (here and here) and are open for comments until 23 January 2023.
The aim of the initiative is to update EU rules on design protection, in particular:
- modernise, clarify and strengthen design protection; - make design protection more accessible and affordable across the EU; - ensure EU and national rules governing design protection are more compatible; - further align EU rules on design protection for repair spare parts.
ECTA has closely followed the reform and contributed to the previous consultations of the European Commission on the topic of industrial designs, as well as produced a number of position papers individually and together with other associations over the course of the past few years. Through its Design Committee, ECTA is already reviewing these proposals and preparing its comments.
All feedback received will be summarised by the European Commission and presented to the European Parliament and Council to feed the legislative debate.
EURid updated its terms and conditions for .EU domain names and the ADR rules, to comply with the new legal framework for .EU domain names (Regulation 2019/517 of the European Parliament and of the Council of 19 March 2019 and its accompanying Acts).
The main changes, already in force, are:
- ADR procedure timelines are shorter; - Types of prior rights that can be invoked by the complainant when starting an ADR proceeding; - New procedure on the implementation of the ADR decisions by EURid (transfer of the domain name).
Interested parties should consult the dedicated page here, to find out about the above policy, rules, applicable documents and case fees.
Should you need clarification, please contact the WIPO Center at firstname.lastname@example.org.
EUIPO TMD WEBINAR SERIES - ECTA AND INTA JOINT WEBINAR ON 15 DECEMBER
As last year, the EUIPO ECP7 TMD Implementation Training project has organised, in collaboration with the National IPOs and User Associations, including ECTA, a series of live webinars which will cover topics related to the changes brought about by the transposition of the Trade Mark Directive in each country.
This second set of webinars is broadcasted via Zoom every Thursday in the national languages (for country specific presentations) and English.
As part of this project, ECTA and INTA will run a joint webinar entitled ‘Invalidity and cancellation action. A roadmap to the European Union’ on 15 December (10.00-12.00 CET).
Speakers will include:
Carina Gommers (ECTA, Wiggin, BE) Mara Mondolfo (ECTA, Società Italiana Brevetti, IT) Paola Ruggiero (INTA, Bird & Bird, IT) Andrej Bukovnik (INTA, Bukovnik & Kulbaba, BE)
Registration is free of charge. To find out more about the webinar series and sign up for the sessions you are interested in, please click here.