Lords Committee looks at Brexit and Intellectual Property

This morning the House of Lords EU Select Committee on Justice looked at Intellectual Property and Brexit.  It was an honour to play a small part in assisting with the potential answers.  The discussion was very interesting.  The committee posed many challenges to the witnesses.  An area of such detailed technical law makes it a challenge to help the committee understand the unusual interface of Brexit and Intellectual Property (IP).  I call it interesting because only some IP Rights are harmonised across Europe, and even where they are IP is international for the business user, and while the national regimes are often aligned, ultimately the Rights are generally nationally territorial in scope.  This international and national interface is not commonly understood. The big take away for the committee is that detail matters for IP.  My hope is the committee now have in mind the need for focus by the Government on how EU rights convert to UK Rights, and continuation of professional recognition so clients can use British professionals if they wish, or EU based professionals.  What we should avoid is forcing businesses to have both British counsel and separate EU counsel.