IP Protection Post BREXIT Part 1: A Right-By-Right Analysis

Progress is being made regarding the protection of intellectual property ("IP") rights in a post-BREXIT scenario on both sides of the English Channel. With BREXIT fast approaching, the European Union ("EU") and the United Kingdom ("UK") have been pushing things forward at the negotiators level, but also independently. The European Commission got the ball rolling by releasing the third version of the Draft Agreement on the withdrawal of the United Kingdom and Northern Ireland from the European Union and the European Atomic Energy Community ("Draft Agreement") on March19, 2018, which reflected the state of affairs with regard to post–BREXIT protection of pan-European IP rights. Shortly thereafter, on March 28, 2018, another statement was released pertaining to .eu country code Top Level Domains ("ccTLD Statement"). The UK, on the other hand, ratified the Unified Patent Court Agreement ("UPCA") on April 26, 2018, and, before that, the Hague Agreement for industrial