We consider the key issues stemming from Brexit and how they
will affect Australian firms and the way they do business.
The UK exit from the European Union won't be a show stopper
in terms of trade market issues, both in terms of the protection
and the enforcement.
There will be the same capacity affectively to achieve what you
can achieve now. But it will in some situations make it more
expensive and it will add layers of complexity.
With any sort of substantive reform whether it's to the main
body of the law or its processes and procedures comes a level of
uncertainty as to how that will be applied.
An uncertainty comes at a cost to business necessarily. There
has been a suggestion that the UK they might seek to remain within
the EU trade mark system or be that it is out of the EU itself.
That's more a political issue I suspect and I can imagine there
will be considerable resistance to that.
The consensus seems to be that the UK exit from the EU will
necessarily result in the UK exit from the EU trade mark system. I
don't think it will compromise rights significantly.
I think that the choices that people will make in terms of brand
protection in Europe whether it's Continental Europe or the UK
will remain essentially driven by where the markets are that are
significant, where you have potential risk and you need to manage
that risk and where you need to be able to enforce and you will
make choices around that.
You will have potentially an added layer of cost by having to
deal with the UK separately. But I don't think for Australian
businesses projecting into Europe I don't think it is going to
be a make or break for decisions they make about where to put their
goods or where to supply their services.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Australian companies doing business abroad should recognise the risk to local assets that a foreign judgment may present.
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