India Free Trade Agreement Negotiations

 

Jane Lambert

According to the IP Helpdesk, negotiations between the British and Indian governments were given fresh impetus by the meeting of those countries' prime ministers at the G20 Summit in Bali (see UK – India Free Trade Agreement Going Forward 9 Dec 2022).  That news article envisages negotiations to be completed within  5 to 6 months. The IP Helpdesk news article accords with a press release from Kemi Badenoch MP and the Department for International Trade entitled: "Trade Secretary to lead next round of trade negotiations on first visit to India" dated 12 Dec 2022.

The article states that the issues that remain to be resolved include access of Indian films to the British market and "specific rules within the patent regime" on the Indian side and Indian duties on spirits and motor vehicles on the British side. Facilitating the mobility of professionals thereby strengthening both countries’ labour markets is said to be an issue for both parties.

This last issue is echoed in the British press release:

"The talks – the first formal round since July – will target a deal to cut tariffs and open opportunities for UK services such as financial and legal, making it easier for British businesses to sell to an economy set to be the world’s third largest - with a middle class of 250 million people - by 2050."

While she is in India, the International Trade Secretary will meet envoPAP, a UK company investing over £10 million to construct a plant to produce paper and packaging products in India.  The press release also mentions initiatives in India by other British-based businesses including Pret a Manger, tide and Revolut. Exports to India are expected to grow by over £9 billion by the middle of the next decade.

I shall continue to monitor the negotiations and will update readers on significant developments. particularly those relating to IP.  Anyone wishing to discuss this article should call me on +44 (0)20 7404 5252 during UK office hours or send me a message through my contact page. 

REUL Bill First Update

Intellectual Property Office

Crown Copyrights  Open Government Licence

 

Jane Lambert

In Retained EU Law (Revocation and Reform) Bill (26 Oct 2022), I mentioned the introduction and second reading of that bill.  In that article, I wrote that the purpose of the bill s to enable the government to remove the special features of retained European Union law ("REUL") from the English and Welsh, Scottish and Northern Irish legal systems by the end of 2023.  I added that the bill if passed was likely to affect intellectual property law in the United Kingdom because much of that law implements EU legislation and case law.  For that reason, I offered to follow the progress of the bill and its application to intellectual property law.

According to the UK Parliament's website, the bill has completed the report stage and is now at the report stage.  A copy of the bill as amended in committee can be found here.   Anyone interested in what was said in Parliament about the bill can consult Hansard here.

On 29 Nov 2022, the Intellectual Property Office published updated guidance on the bill.   It consists of a list of retained EU law, as defined in s. 6 (7) of the European Union (Withdrawal) Act 2018.  Such law relates to intellectual property within the policy remit of the IPO and does not address issues that lie outside such as plant varieties or rights arising at common law.  The list covers copyrights, designs, patents, trade marks and enforcement.  Readers will see that it is quite long enough.

I shall continue to monitor the progress of the bill and report any other useful materials on the topic that come to my attention.  In the meantime, anyone who is interested in the topic may call me on +44 (0)20 7404 5252 during office hours or send me a message through my contact form.