Japan and UK Approve 25-Year Design Patent Protection in Post-Brexit Economic Partnership Agreement

In the wake of Brexit, the United Kingdom and Japan have concluded a new Economic Partnership Agreement (EPA) that covers cooperation and fair treatment for each other’s intellectual property. The agreement, signed on October 23, 2020, replaces for dealings between the UK and Japan the EPA in effect between Japan and the European Union (EU).

Regarding intellectual property, it is noteworthy that in Article 14.35-7 the UK and Japan agreed to extend protection to design patents for 25 years,[1] not 20 years as in the EU-Japan EPA.[2]

If a medical invention patent is delayed in reaching the market due to long patent examinations, both parties agreed to give extensions of patent term up to five years (Art. 14.40).[3]

For details on intellectual property protection between the UK and Japan, please refer to the Agreement, particularly Chapter 14.

* The information provided on this website is for informational purposes only and is not intended as legal advice.

** For questions or consultation, please contact us for more information.

Taro Yaguchi

Sources

[1] “AGREEMENT BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND JAPAN FOR A COMPREHENSIVE ECONOMIC PARTNERSHIP” [“Agreement”]. https://www.mofa.go.jp/files/100107064.pdf Ministry of Foreign Affairs, Japan. October 23, 2020. Accessed October 29, 2020.

[2] “不正な商標出願は排除 意匠権、25年間保護―日英の知財ルール [Rejecting illegitimate trademark applications; design rights protected for 25 years: IP rules of Japan and the UK].” https://www.jiji.com/jc/article?k=2020102100705&g=int JIJI Press, Ltd. October 22, 2020. Accessed October 29, 2020.

[3] “Agreement.”

Header image by RGY23 from Pixabay.

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