EU Brexit Draft Agreement Irks British Authorities

The European Commission(EC) today, published the draft Withdrawal Agreement between the European Union and the United Kingdom. This is a draft of the agreement on the UK's orderly withdrawal from the EU and including introductory provisions, citizens' rights, other separation issues such as goods placed on the market before the withdrawal date, the financial settlement, transitional arrangements, and institutional provisions – and a protocol on Ireland/Northern Ireland. It will now be discussed by the Council (Article 50) and with the Brexit Steering Group of the European Parliament before being transmitted to the United Kingdom for negotiation. A final version of the Withdrawal Agreement should be agreed by the EU and the UK by October 2018 to allow for the timely ratification by the European Parliament, the Council (Article 50) and the UK, according to its own constitutional requirements.

The European Council (Article 50) is expected to adopt additional guidelines in March 2018, in particular as regards the framework for the future relationship and has called on the UK to provide further clarity on its position on the framework for the future relationship.

But barely has the draft been published than it started drawing flaks from the British authorities.  British Prime Minister, Theresa May fumed at the Brexit Draft, particularly as it concerns the place of Northern Ireland.

However, being conscious of the Information and Communication (ICT) industry that I report,  GutsyPen4ICTD  serves you carefully copied and unedited, the relevant sections of the Draft impinging on the ICT industry, including but not limited to access to network and information systems and data bases, intellectual property, IP registration procedure, continued protection of the UK of international registrations designating the Union, continued protection in the UK of unregistered Community designs, continued protection of data bases, Data and information processed or obtained before the end of the Transition Period, or on the basis of This Agreement, protection of personal data, confidential treatment and restricted use of data and information and information security.

Article 49

Access to relevant network and information systems and data bases

By way of derogation from Article 7, the United Kingdom shall have access, to the extent strictly necessary to comply with its obligations set out in this Title, to the network and information systems and the databases listed in [Annex Y+4].

TITLE IV

INTELLECTUAL PROPERTY

Article 50

Continued protection in the United Kingdom of registered or granted rights

1. The holder of any of the following intellectual property rights which have been registered or

granted before the end of the transition period shall, without any re-examination, become the

holder of a comparable registered and enforceable intellectual property right in the United

Kingdom, as provided for by the law of the United Kingdom:

(a) the holder of a European Union trade mark registered in accordance with Regulation

(EU) 2017/1001 of the European Parliament and of the Council26 shall become the holder

of a trade mark in the United Kingdom, consisting of the same sign, for the same goods

or services;

(b) the holder of a Community design registered in accordance with Council Regulation (EC)

No 6/200227 shall become the holder of a registered design right in the United Kingdom

for the same design;

(c) the holder of a Community plant variety right granted pursuant to Council Regulation

(EC) No 2100/9428 shall become the holder of a plant variety right in the United Kingdom

for the same plant variety.

2. Where a geographical indication, designation of origin or traditional speciality guaranteed within

the meaning of Regulation (EU) No 1151/2012 of the European Parliament and of the Council29

, a

geographical indication, designation of origin or traditional term for wine within the meaning of

Regulation (EU) No 1308/2013 of the European Parliament and of the Council30, a geographical

indication within the meaning of Regulation (EC) No 110/2008 of the European Parliament and of

the Council31 or within the meaning of Regulation (EU) No 251/2014 of the European Parliament

and of the Council32

, is protected in the Union on the last day of the transition period, those

entitled to use the geographical indication, the designation of origin, the traditional speciality

guaranteed or the traditional term concerned shall, as from the end of the transition period, be

entitled to use a right in the United Kingdom granted under the law of the United Kingdom which

provides for at least the same level of protection, with respect to the geographical indication, the

designation of origin, the traditional speciality guaranteed or the traditional term concerned, as

the protection provided for by the following provisions of Union law:

(a) Article 4(1)(i) of Directive (EU) 2015/2436 of the European Parliament and of the

Council33

; and

(b) as appropriate in view of the right concerned, Articles 13, 14(1), 24, 38, 44 and 45(1)(b)

of Regulation (EU) No 1151/2012; Articles 102(1), 103, 113 and 157(1)(c)(x) of Regulation

(EU) No 1308/2013; Articles 16, 23(1) and, in so far as related to compliance with Articles

16 and 23(1), Article 24(1) of Regulation (EC) No 110/2008; or Articles 19(1) and 20 of

Regulation (EU) No 251/2014.

3. Notwithstanding paragraphs 1 and 2, if an intellectual property right referred to in those

paragraphs is declared invalid or revoked, or in the case of a Community plant variety right is

declared null and void or cancelled, in the Union as the result of an administrative or judicial

procedure which was ongoing on the last day of the transition period, the corresponding right in

the United Kingdom shall also be declared invalid or revoked, or declared null and void, or

cancelled.

4. A trade mark or registered design right which arises in the United Kingdom in accordance with

points (a) and (b) of paragraph 1 shall have as its first renewal date the renewal date of the

corresponding intellectual property right registered in accordance with Union law.

5. In respect of trade marks in the United Kingdom referred to in point (a) of paragraph 1 of this

Article, the following shall apply:

(a) the trade mark shall enjoy the date of filing or the date of priority of the European Union

trade mark and, where appropriate, the seniority of a trade mark of the United Kingdom

claimed under Article 39 or 40 of Regulation (EU) 2017/1001;

(b) the trade mark shall not be liable to revocation on the ground that the corresponding

European Union trade mark had not been put into genuine use in the territory of the

United Kingdom before the end of the transition period;

(c) the owner of a European Union trade mark having a reputation in the Union shall be

allowed to exercise in the United Kingdom rights equivalent to those provided for in

point (c) of Article 9(2) of Regulation (EU) 2017/1001 and point (a) of Article 5(3) of

Directive 2015/2436 in respect of the corresponding trade mark on the basis of the

reputation acquired in the Union.

6. In respect of registered design rights and plant variety rights in the United Kingdom referred to in

points (b) and (c) of paragraph 1, the following shall apply:

(a) the term of protection under the law of the United Kingdom shall be at least equal to the

remaining period of protection under Union law of the corresponding registered

Community design or Community plant variety right;

(b) the date of filing or the date of priority shall be that of the corresponding registered

Community design or Community plant variety right.

Article 51

Registration procedure

1. The registration or grant of the intellectual property rights pursuant to Article 50(1) and (2) of

this Agreement shall be carried out free of charge by the relevant entities in the United Kingdom,

using the data available in the registries of the European Union Intellectual Property Office, the

Community Plant Variety Office and the European Commission. Annex III to Regulation (EC) No

110/2008 shall be considered a registry for the purpose of this Article.

2. For the purpose of the registration process, holders of the intellectual property rights referred to

in Article 50(1) and those entitled to use the rights referred to in Article 50(2) shall not be

required to introduce an application or to undertake any particular administrative procedure.

They shall not be required to have a correspondence address in the United Kingdom, without

prejudice to such address being required at the moment of the first renewal of the intellectual

property right concerned, where applicable.

3. The European Union Intellectual Property Office, the Community Plant Variety Office and the

European Commission shall provide to the relevant entities in the United Kingdom the

information necessary for the registration or grant in the United Kingdom of the intellectual

property rights referred to in Article 50(1) or (2).

4. This Article shall be without prejudice to renewal fees that may apply at the time of renewal of

the rights, or the possibility for the holders concerned to surrender their intellectual property

rights in the United Kingdom, in accordance with the relevant procedure under the law of the

United Kingdom.

Article 52

Continued protection in the United Kingdom of international registrations designating the Union

The United Kingdom shall ensure that natural or legal persons who have designated the Union in

respect of international registrations of trade marks or designs pursuant to the Madrid system for

the international registration of marks or the Hague system for the international deposit of industrial

designs before the end of the transition period, enjoy protection in the United Kingdom for their

trade marks or industrial designs in respect of those international registrations.

Article 53

Continued protection in the United Kingdom of unregistered Community designs

The holder of a right in relation to an unregistered Community design which arose before the end of

the transition period in accordance with Regulation (EC) No 6/2002 shall in relation to that

unregistered Community design ipso iure become the holder of an enforceable intellectual property

right in the United Kingdom, as provided for by the law of the United Kingdom and affording the

same level of protection as that provided for in Regulation (EC) No 6/2002. The term of protection of

that right under the law of the United Kingdom shall be at least equal to the remaining period of

protection referred to in Article 11(1) of that Regulation of the corresponding unregistered

Community design.

Article 54

Continued protection of databases

1. The holder of a right in relation to a database in respect of the United Kingdom in accordance

with Article 7 of Directive 96/9/EC of the European Parliament and of the Council34 which arose

before the end of the transition period shall in relation to that database maintain an enforceable

intellectual property right in respect of the United Kingdom as provided for by the law of the

United Kingdom and affording the same level of protection as that provided for in Directive

96/9/EC, provided that the holder of that right continues to comply with the requirements of

Article 11 of that Directive. The term of protection of that right under the law of the United

Kingdom shall be at least equal to the remaining period of protection referred to in Article 10 of

Directive 96/9/EC.

2. The following persons and undertakings shall be deemed to comply with the requirements of

Article 11 of Directive 96/9/EC:

(a) United Kingdom nationals;

(b) persons with a habitual residence in the United Kingdom;

(c) undertakings formed in accordance with the law of the United Kingdom and having their

registered office, central administration or principal place of business within the United

Kingdom; where such an undertaking has only its registered office in the United

Kingdom, its operations must be genuinely linked on an ongoing basis with the economy

of the United Kingdom.

 TITLE VII

DATA AND INFORMATION PROCESSED OR OBTAINED BEFORE THE END OF THE TRANSITION

PERIOD, OR ON THE BASIS OF THIS AGREEMENT

Article 66

Definition

For the purposes of this Title, "Union law on the protection of personal data" means:

(a) Regulation (EU) 2016/679, with the exception of Chapter VII thereof;

(b) Directive (EU) 2016/680 of the European Parliament and of the Council81

;

(c) Directive 2002/58/EC of the European Parliament and of the Council82

;

(d) any other provisions of Union law governing the protection of personal data.

Article 67

Protection of personal data

Union law on the protection of personal data shall apply in the United Kingdom in respect of the

processing of personal data of data subjects outside the United Kingdom, provided that the personal

data:

(a) were processed in accordance with Union law in the United Kingdom before the end of the

transition period; or

(b) are processed in the United Kingdom after the end of the transition period on the basis of

this Agreement.

Article 68

Requests for assistance

Article 61(1) to (7) of Regulation (EU) 2016/679 and Article 50 of Directive (EU) 2016/680 shall apply

in respect of requests for assistance received before the end of the transition period.

Article 69

Confidential treatment and restricted use of data and information

Without prejudice to Article 67, the provisions of Union law on confidential treatment, restriction of

use, storage limitation and requirement to erase data and information shall apply in respect of data

and information obtained by the United Kingdom either before the end of the transition period or on

the basis of this Agreement.

Article 70

Information security

1. The provisions of Union law on the protection of EU and Euratom classified information as well

as the Agreement between the Member States of the European Union, meeting within the

Council, regarding the protection of classified information exchanged in the interests of the

European Union83 shall apply in respect of information obtained by the United Kingdom or

obtained from the United Kingdom by the Union or a Member State either before the end of the

transition period or on the basis of this Agreement.

2. The obligations resulting from Union law regarding industrial security shall apply to the United

Kingdom where the tendering, contracting or grant award procedure was launched before the

end of the transition period.

3. The United Kingdom may continue to use cryptographic products for the protection of EU and

Euratom classified information, provided those products were configured and approved before

the end of the transition period.

4. Regarding cryptographic products referred to in paragraph 3, the United Kingdom shall ensure

that:

(a) the cryptographic products are used solely for the protection of information referred to

in paragraph 1;

(b) the cryptographic products are not removed from its territory;

(c) for the purpose of disposal, the cryptographic products are handed over to the crypto

approval authority;

(d) the requirements set out in agreements between a Member State the national crypto

approval authority of which has approved the cryptographic product and the United

Kingdom are complied with.

                                                                                     ###