ACID Brexit Concerns Included in Alliance Brexit Cliff Edge Paper


The Alliance for Intellectual Property has recently published a new paper on a number of ‘cliff-edge’ risks associated with Brexit and the UK’s future relationship with the EU. It calls for detailed assurances and consultation from Government to give confidence to the UK’s vital and growing IP rich industries.

Since the vote to leave the EU, the Alliance has worked closely with the UK Government to assess the impact of Brexit on our members and on the UK’s IP framework, which does so much for the UK economy, its cultural standing and global soft power. Nonetheless there are issues which still have no clear solutions and at which urgent attention must be directed.

Eddy Leviten, Director General of the Alliance for Intellectual Property, said:

“The Alliance welcomes the Government’s domestic efforts and commitments thus far to protect the UK’s world-leading IP regime post-Brexit. However a number of specific and considerable issues regarding our future relationship remain unresolved.

Our members need greater certainty, and we hope that the deep concerns outlined in this report can help focus minds, garner explicit commitments on the Government’s intentions and guide negotiations to agree a comprehensive and reciprocal trading relationship with the EU.”

The specific issues identified by the report are:

  • ​A loss of reciprocity for unregistered design rights
  • The future of the exhaustion of IP rights in the UK
  • Continued entitlement of UK artists to the Artist’s Resale Right for works sold in the EU
  • The portability of online content services throughout the EU
  • Rights to broadcast throughout the EU on a single UK license

Other concerns include a loss of influence over EU IP legislation which will impact the UK, and increased pressure on enforcement bodies at borders, which could lead to an increase in the import of unsafe counterfeit goods to the UK. It also repeats the call made by the Alliance’s ‘Trading Places’ report for any new trade deals made with third countries post-Brexit not only protect UK IP laws, but also seek to raise standards in the jurisdictions in which the UK negotiates.

Dids Macdonald, OBE., CEO of ACID and Vice Chairman of the Alliance for Intellectual Property said, “I welcome the opportunity through the Alliance of speaking with one voice about IP concerns post Brexit. It is vital for UK designers that there is certainty of protection for unregistered EU rights so that UK designers do not lose automatic protection in 27 other members states. We will continue to articulate our concerns through every platform” see page 5 link

The Alliance has already published an ambitious report on trade prospects and IP exports, and we will soon be detailing how fantastic domestic opportunities mean the UK’s IP-rich industries could not only flourish in a post-Brexit environment, but take on a unique and central role in delivering a domestically and internationally successful future for the UK.

In the meantime however, we hope to work with Government on how best these ‘cliff-edge’ risks to our industries can be avoided.”