Morcom on Trade Marks

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Description
The significance of the statutory instrument implementing the 2015 Directive, in particular, is that this, and earlier UK legislation implementing EEC/EU Directives, remain in effect as 'EU-derived domestic legislation', as provided by s 2 of the European Union (Withdrawal) Act 2018 (as amended) and thus remains part of UK law. These provisions, as well as other applicable EU derived laws, remain a part of UK law as 'direct EU legislation', under s 3 of the 2018 Act, at least for the time being. One aspect of leaving the EU, which can be regarded as clear, is that EU trade marks, whether registered or the subject of separate applications pending at 31 December 2020, have ceased to have effect as such in the UK after that date. For the UK they have become the subject of registered or pending rights under UK law. We have continued to follow the excellent work that has been done, and which is continuing, by the UK Intellectual Property Office.Even now, as we conclude our work, and look forward to the publication of our Sixth edition, there are more than a few references to the CJEU from national courts, and some appeals from the General Court, which remain pending. Since
decisions of the CJEU and the General Court relating to provisions of trademark law under applicable Directives and Regulations are expected to remain relevant for a considerable time, and in view of the international interest in
matters of EU law, this edition has retained the section on the EU trade mark
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Contents
Part I General Introduction
Part II Registered Marks
Part III Passing off and Miscellaneous
Part IV Special Topics
Part V Civil Proceedings
Part VI Customs and Criminal Offences
Part VII International Treaties
Part VIII The European Union Trade Mark
Appendicies
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Author Details
Christopher Morcom, MA (Cantab), One of Her Majesty's Counsel
Barrister of the Middle Temple
Ashley Roughton, Nabarro LLP, BSc (Eng) (Hons) (Lond) PhD (Cnatab) MSc (Econ)
(City) BSc (Mol Sci) (Hons) (open), Barrister of the Inner Temple, Member of the bar in Northern Ireland
Thomas St Quintin, MSci MA (Cantab), Barrister of the Inner Temple