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Mai 31, 2016
Florian Traub, Squire Patton Boggs (UK) LLP, United Kingdom
Andrew Clay, Squire Patton Boggs (UK) LLP, United Kingdom
First published on www.iptechblog.com


How Would a Brexit Affect IP Rights?


Florian Traub, Squire Patton Boggs (UK) LLP, United Kingdom, Andrew Clay, Squire Patton Boggs (UK) LLP, United Kingdom, First published on www.iptechblog.comArticle 50(1) of the Treaty of European Union (TEU) provides that any Member State may decide to withdraw from the EU. The referendum on the UK’s membership of the EU has been scheduled for 23 June. The electorate will be asked “Should the United Kingdom remain a member of the European Union or leave the European Union?” If the majority vote in the UK is to leave, what impact will a “Brexit” have on the protection and enforcement of intellectual property rights in the UK?
The terms on which any exit would occur would, after a Brexit vote, be negotiated between the UK government and the other EU Members. Precisely how all this would work in practice is not spelt out in any detail in the TEU, which creates considerable uncertainty.
There are a number of exit scenarios. At one end of the spectrum, the UK would follow Norway’s example and remain closely integrated with the EU. Under this “Norway model”, the UK would become a member of the European Economic Area (EEA) and the European Free Trade
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