46 | LEXPERT • June 2018 | www.lexpert.ca/usguide
the rights granted if and when that nation
leaves the union. "Companies will have to
review their contractual relationships to
ensure what the definition of EU [is] with
or without the UK," Davis says.
The situation for patent owners, on
the other hand, is much more clear. The
United Kingdom has been a member of
the European Patent Organisation since
the latter's inception in 1977, and British
patents are registered with the Organisa-
tion's European Patent Office.
The European Patent Organisation
is independent of the European Union
(which was formed in 1993), even though
all the EU member states belong to it. So,
British patents will remain unaffected and
applicable in all of the European Patent
Organisation's 38 member states, regard-
less of Brexit.
Stay tuned.
IP & Media
"There will be a lot
of chaos, because
in many cases we're
talking about very
valuable rights,
including rights that
have allowed holders
to commercialize
their businesses
and obtain financing,"
Janet Fuhrer, Ridout & Maybee LLP
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