Article by Alexander Robinson, Dehns
On 28 February 2018 the European
Commission published its draft for an agreement on the UK's terms of
withdrawal from the EU.
It must be stressed that this is
a draft, rather than a finalised agreement, and sets out the European
Commission's position, which will not necessarily coincide completely with the
UK Government's own position and is likely to be subject to further
negotiation. Nor does this draft agreement govern the future relationship
between the UK and EU - that will be the subject of a separate agreement
(assuming that a "no-deal" scenario is avoided). We must also bear in
mind that - in the now tiresomely-familiar phrase beloved of negotiators on
both sides - nothing is agreed until everything is agreed. Nevertheless, the
draft does, at least, provide us with an indication of the direction of travel
in the Brexit negotiations, and in this context it is interesting to review
some of the draft proposals which relate - directly or indirectly - to
intellectual property.
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