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The post-referendum landscape for the enforcement of IP rights

The post-referendum landscape for the enforcement of IP rights
Published on: 29 June 2016
Published by: LexisPSL
  • The post-referendum landscape for the enforcement of IP rights
  • What jurisdictional issues relevant to IP cases might be encountered following Brexit and how might these be tackled?
  • In exercising its discretion on whether to grant certain relief (such as Norwich Pharmacal relief), the court is required carefully and fairly to weigh all relevant factors relating to the IP right holder and the ultimate wrongdoer. What will be the effect of Brexit on the EU Charter on Fundamental Human Rights and how would this impact on how cases are decided?
  • What will happen to on-going litigation during the exit process, and once the exit process has come to an end?
  • What will be the impact of the Court of Justice of the European Union (CJEU) decisions on the courts of England and Wales following Brexit and then following the exit process?
  • What will be the effect of Brexit on those litigants seeking pan European relief and/or relying on the Enforcement Directive?
  • What will be the position in relation to exhaustion of IP rights?
  • What effect will Brexit have on IP licensing arrangements?

Article summary

IP & IT analysis: Priya Nagpal, legal director (barrister) at Olswang LLP, considers the potential impact of Brexit on the enforcement and commercialisation of IP rights in Europe. or take a trial to read the full analysis.

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