CPTPP (International Agreements Committee Report)

Lord Astor of Hever Excerpts

Tuesday 1st February 2022 Grand Committee

[Lord Astor of Hever (Con)]

My Lords, I very much support the Government’s aspiration to join the CPTPP and the strategic importance of working more closely with allies in the Asia-Pacific region. It is good news that there was also a clear wish by our witnesses to join a group of countries that constitute one of the largest and most dynamic free trade areas in the world. My noble friend Lord Lansley set out very well the benefits of trading in this area, and I support what he said.

When it comes to Britain being an outward-facing global trading nation, our intellectual property sector is a jewel in the crown. In 2021, the UK ranked second for the second year running in the US Chamber of Commerce’s global IP index, credited with its strong and sophisticated national IP environment. Much of the UK’s international reputation for excellence in IP can rightly be attributed to its membership of the EPC, the European Patent Convention, an international agreement independent of and separate from the European Union, which has enabled the UK to develop a strong, influential and internationally efficient patent regime.

I have recently spoken to the CIPA, the Chartered Institute of Patent Attorneys, which represents 4,000 members working across the IP sector. The CIPA welcomes the Government’s progressive international trade agenda and ambition for accession to the CPTPP. It is pleased to have received assurances from Ministers and officials that the Government do not intend to put membership of the EPC at risk.

Despite this positive recognition of the prime importance of the EPC, there remains a concern that the IP chapter in its current form could be found to be inconsistent with the terms of the UK’s membership of the EPC. The CIPA has cautioned that this could have serious unintended consequences for the United Kingdom and its reputation as an international leader in the field of IP, SMEs, patent professionals and UK GDP.

I was pleased to see the Government’s recognition of the value of the EPC and their pledge to remain a member of the convention as set out in their strategic approach. Following on from that commitment, I ask my noble friend the Minister what measures the Government will take in their approach to the negotiation process to ensure that they honour that fundamental commitment to the EPC. Specifically, will the Government commit to negotiating carve-outs or setting aside the grace period and patent term adjustment provisions that the CIPA and others have flagged with them? Will they agree to consulting the IP sector on other viable alternatives should they encounter difficulties in securing the appropriate carve-outs?