Before negotiations started, CIPA raised concerns that acceding to the CPTPP and its IP provisions in full could place at risk the UK’s vitally important membership of the EPO. The CPTPP requires its members to have a grace period for patents. But the treaty governing EPO membership, the European Patent Convention (EPC), does not include a grace period.
The UK government negotiated an accession which set aside the grace period provisions of the CPTPP until such time as the EPC (and the Strasbourg Patent Convention) incorporate amendments which will not be inconsistent with Article 18.38 (Grace Period) of the CPTPP. The UK government has committed to endeavour to promote the harmonisation of grace periods within international fora and to report back to CPTPP member states.
Details of these agreements are contained in side letters between the UK and each CPTPP member state, published today along with the full text of the accession protocol.
CIPA President Daniel Chew said: “Joining the CPTPP is an historic moment for the UK which opens doors to new trade partnerships and cements our role as an innovative global trading nation.
“We congratulate the Government and Department for Business and Trade on preserving the UK’s existing – and vitally important – international obligations around intellectual property while acceding to this milestone trade agreement.”
Adam Williams, Chief Executive Officer of the UK Intellectual Property Office, said: “I’m delighted that the UK has officially signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) agreement.
“A well-functioning IP environment is vital for UK businesses to be able to succeed at home; and the same is equally true for businesses looking to succeed internationally. We have a hard-earned, and well-deserved, reputation as a leading IP office with both UK industry and our international partners. Our goal is to use this reputation to help create an international IP environment that maximises the benefits of innovation, creativity and science for the UK economy and wider society.
“The UK has ensured that accession negotiations with CPTPP were consistent with the UK’s interests and the Government’s policies and priorities on intellectual property, and with the UK’s existing international obligations, including the (non-EU) European Patent Convention (EPC).”
