Brexit: Impacts for IP, Trade & Commercialisation Agreements | FAST

Brexit: Impacts for IP, Trade & Commercialisation Agreements

3:30pm - 5:15pm


This online session is the first of a series of three, looking at the impact of the final Brexit Treaty, the “Trade and Cooperation Agreement between The European Union and the United Kingdom” from an Intellectual Property, Information Technology and Data perspective. 

The first session will concentrate on what Brexit means for the historical interpretation of existing Intellectual Property licensing agreements, as well as future licensing agreements.


Brexit: The story so far, Interpretation, Copyright and Database Rights
Dai Davis, Partner, Percy Crow Davis & Co

What we know already about divergences in law and their potential impact on business: Enforcement of IP rights; parallel trade and exhaustion of IP rights; impacts on other intellectual property rights.

This session will include:
• Some comments on what the Withdrawal Treaty says about Copyright
• Known divergences between European and UK Law
• Exhaustion of Rights and Parallel Imports
• Effect on GDPR
• Effect on Data Base Rights and on those qualifying for those rights

Brexit: Commercial Contract Issues
Gideon Shirazi, Barrister, 4 Pump Court

Intellectual Property issues in commercial contracts – drafting for and impacts of Brexit: force majeure, material adverse impact and frustration; choice of law and jurisdiction; where contract disputes may arise.

This session will include:
• What Brexit means for exclusion/limitation clauses
• What Brexit means for frustration and force majeure clauses
• Arbitration and jurisdiction issues, post Brexit
• Post Brexit enforcement of rights
• Drafting comments