Tag Archives: WTO

When a Newspaper gets it wrong

We’ve all had these moments. We have a preference in things we do, I look at the Guardian in the morning, and at times I check out the tabloids (front pages and in one case page 3 as well). Yet I keep the Guardian as my main source to work with. So I was slightly miffed when I spotted ‘EU fears influx of ‘British champagne’ once Brexit ends food naming rules‘, which is utter baloney (read: bullshit)! The United Kingdom is still bound in laws, in this case it means that Trade Marks are still protected and ‘British champagne’ is not ever going to be an option and any Trade Marks office in the UK initially passing such a request might get itself invited to a mandatory meeting with the Professional Standards Board. I now feel that at this point, that my concern becomes that the writer Daniel Boffey has no clue! So (at https://www.theguardian.com/business/2017/feb/15/eu-fears-influx-of-british-champagne-once-brexit-ends-food-naming-rules) we see “The European Union is concerned that British companies could violate protections given to the names of thousands of European products – such as Parma ham and Champagne“, these two examples Parma Ham as well a Champagne has been clearly settled, so that will not ever be allowed. This is something that can be set in stone as the United Kingdom joined WIPO in 1970. The UK uses Trade Marks Act 1994, where we see this part. The Trade Marks Act discusses in section 3 reasons that are an ‘Absolute grounds for refusal of registration‘, with in section 3(1)(c) we see: “Trade Marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services“, as Parma (Ham) and Champagne are regarded as ‘geographical origin’ the examples are faulty. So what is Daniel Boffey? An editor who did not prepare his work? Or is he another anti Brexit fear mongerer with a need to rile the people for his own personal needs? I actually do not know, but it is clear that (as I personally see it), that Daniel did not talk to any Trade Marks Attorneys. Even a quick call to Intellectual Property Office (at https://www.gov.uk/government/organisations/intellectual-property-office), or just look at the website and lodge a question would have answered the part that is (again as I personal see it) a blight on the good frame of the Guardian. The articles linked to his name ‘Brexit transitional deal will lock UK into EU court, says Verhofstadt‘, ‘Northern Ireland peace at risk because of Brexit, says Bertie Ahern‘, as well as ‘Britons living in the EU face Brexit backlash, leaked paper warns‘ gives indication that he is very much against the Brexit. Now, I have no problem with those against Brexit, because that was a valid choice of the minority. In addition, they are not swayed yet and they might never be swayed, yet the issue I see here as an Attorney is that the UK has clearly accepted IP laws and leaving the EU will not change the accords that the UK agreed to as a signatory of WIPO. So when I see “The question of what will happen to EU GIs after the withdrawal of the UK is a difficult one” I get the clear indication that the Guardian editor is in cahoots with the European parliament’s agriculture committee on spreading misinformation. In addition, I think he is actually making a case for Brexit, as it now shows that those people in the European parliament’s agriculture committee might be regarded as overpaid incompetent individuals that should be fired immediately, because there is a clear IP setting in place and as such, just by reading the Trade Marks Act 1994, Contacting the UK Intellectual Property Office, or contacting WIPO, this mere fact could have been cleared up in 15 minutes. An alternative is the WTO (at https://www.wto.org/english/tratop_e/trips_e/gi_background_e.htm), which shows these issues clearly resolved as well. The WTO also gives us “The United Kingdom has been a WTO member since 1 January 1995 and a member of GATT since 1 January 1948. It is a member State of the European Union (more info). All EU member States are WTO members, as is the EU (until 30 November 2009 known officially in the WTO as the European Communities for legal reasons) in its own right”.

It seems to me that the EU gravy train on knowing as little as possible so that many meetings in 5 star locations could be held, which sounds like a massive waste of funds. Finding these facts took almost 10 minutes, so why are these EU members posturing on ignorance?

So the quote “If no arrangements to another effect are made, the protection afforded by the above-mentioned legislation would normally cease to apply in the UK, which means that over a thousand European registered names could be exposed to violation in this neighbouring country” is in equal measure a load of bollocks (for those unaware of the terms, they are the two elements positioned between the legs of a man), and if you are at this point still getting a blank, feel free to call Jim Davidson (the famous UK comedian) and ask him about a historical law enforcement agent (somewhere between 1068 until 1568), the name of that person was Big Dick Dangling, Sheriff of Nottingham Forest.

So there is a clarity that this is a non-issue, as the Trade Marks Act 1994 would remain in force after the UK becomes the Brexiteer, so as such I think that Katharine Viner (editor in Chief) needs to urgently call her Brussels office, especially as the non-issue is painted in such an obscure way that hiding behind “A document from the European parliament’s agriculture committee, which is advising the chamber’s leaders on the Brexit negotiations” is just too unacceptable, no matter how true that is, especially as the editor is now playing political suicide as he is stating “The document drawn up by MEPs warns: “In the hypothesis where the UK, as a third country, would enter into a new relationship with the EU27 based on a free trade agreement it would be important therefore to include a mutual recognition of GIs in such an agreement on the model.”“, which is  as I see it the hidden message. The ‘would enter into a new relationship with the EU27 based on a free trade agreement‘ is not for him to state, quote or comment on, especially as the bare minimum of the article is grossly misrepresented. Actually he could have quoted it, but I personally believe he fell short by a lot on elements like diligence in this article. In pursuit of the previous statement, we see the quote “The MEPs suggest the UK will need to maintain EU standards during any transitional period before a free trade agreement can be struck“, in that, can we get in writing that this includes equestrian beef burgers from Romania? There is light in the end of the tunnel as we see “the MEPs appear to take solace in the suggestion that the British government will be unable to take advantage of third countries seeking other options” with the supported follow up quote “One may wonder, in particular, whether the UK will have the sheer capacity to handle so many urgent trade negotiations in parallel with a national administration which has lost the experience and knowhow of such negotiations since the mid-1970s“, which sounds funny and in in fact hilarious, because in the first, the UK has been involved with trade negotiations on a global scale and in the end, it is the 27 nations that will be chomping at the bit to get a deal for their deliveries towards 68 million consumers. And if anyone thinks that 23 of these nations (who are smaller than the UK) will walk away from a customer base that represented 12% of the entire EU than those claiming that can apply for the function of Mad Hatter!

And as for the Chlorinated Chicken, that issue has been going on since 2014, which does not mean that the deal is null and void, or that it is not an issue, but at present, especially when we see the application of the word ‘if‘ we know that this is currently not the case and there is no clear indication that this will change, as such it remains a non-issue, because whatever the UK imports, if the EU does not allow for it, it stays within the UK, making it a non-issue for the export and the EU will not be affected as it has these limits in place. And in that regard, did these same MEP’s stop the issue of equestrian burgers yet?

Listen, there will be issues in the Brexit time, some will be complex and will require time to solve, anyone stating that this is not the case is lying to you, but to see articles that are a travesty of common sense, a case that could have been verified by any Guardian intern in Brussels with a few calls begs to consider what Daniel Boffey is doing. From my point of view he is not reporting, he is merely what some call a Reuters copy and paste user, which makes him very overpaid and replacing him with previous suggested intern might not be the worst thing to do.

The Guardian is not alone here, the amount of timewasting we see from the mirror, the Daily mail and the Daily online is far worse, but those places are not to be regarded as newspapers, so there is a difference. We see issues in the Independent as well, but one of a different kind. There Ben Chapman (at http://www.independent.co.uk/news/business/news/brexit-britain-must-be-made-worse-off-after-leaving-eu-says-austrian-chancellor-christian-kern-a7578206.html) writes on the Austrian Chancellor and his views. The subtitle gives an interesting and non-invalid view ‘A member of a club must have better conditions than somebody who isn’t a member of this club‘, which is actually a decent way to put it. Yet, what the chancellor is not stating is that this club has failed. Some of its members has not been able to keep up and in response to failed economic numbers the club decided to pump in cash, two rotations of well over a trillion each and the club members need to pay up, even as all members know that it was not a solution. This is regarded as irresponsible acting and this so called club has failed its members by not setting a proper charter for misbehaving members (Greece) as well as a failed system regarding the acts of its executive members (Mario Draghi). Part of that we saw in last weeks The Week (at http://theweek.com/articles/679060/european-central-bank-about-something-stupid), as we read “when it kicked off a quantitative easing (QE) program worth $60 billion a month. In plain English, that means the ECB started creating a bunch of euros out of thin air and using them to buy up various financial assets. In March 2016, it kicked things up a notch, to $80 billion in purchases a month“, which was one of the issues I had. In addition, how anyone can see ‘creating a bunch of euros out of thin air‘ and ‘buy up various financial assets‘ seems so odd as it is not money that is supported by any gold reserve or at lease set against something of value. This doesn’t just read like a Parker Brothers monopoly heist, basically Draghi is buying stuff that is then paid for and is given to? To whom exactly? It almost reads like a derivative nightmare, Mr Blotto buys a lemon and goes bust. He sells this lemon to Draghi for the initial value and he walks away smiling again, whilst Draghi is buying lemons in stacks of 80 billion a month. So who owns the lemon? And where is that 80 billion coming from? Some people forget that if we add (for example) 2 trillion to our 10 trillion, the value of our 10 trillion would now be 10/12 trillion, implying our value decreased by 17% (because against the pound and the dollar it did), but now we get the small complication, Sweden is still using the SEK, the UK has the Pound, so there is an impact there too. That is the part the Draghi elites (financial captain and his minions) seem to ignore. There is an impact on our values, and that decrease is actually increasing faster and faster, especially as there is no improvement in sight.

In this we saw the growth and the actual move towards Brexit, yet at present as the smaller nations are realising (Austria) that they are merely less than 2% of that group and the impact of the exiting nations is seen, Austria is now facing a very mental breakdown. Because it sees the dangers it faces. Austria has a 67% services industry and whilst that is not great, it is not the worst either. The changes that they are now facing might negatively impact their economic value, in addition, the speech the chancellor gave was nice on a European value, the fact that the top 6 of its main export partners does not include the UK, and neither does the top 5 import list, so his club speech sounds nice but is now laced with the emotion of ‘I am taking whatever the UK loses whenever possible‘ gives rise to his reasoning of the club mentality, in addition European Commission President Jean-Claude Juncker gives us “Do the Hungarians and the Poles want exactly the same thing as the Germans and the French? I have serious doubts“, which is fair enough, yet at the same time we see “and the endgame is that there is no united European front“, which is a realisation that is long overdue, that was a given for the longest of time and the economic posts have been somewhat clear on that. That part is also clear in France where Emmanuel Macron has joined Marine Le Pen by adding the Eurozone membership on the agenda. Which now means that out of the three most likely to win the French election, only François Fillon seems to voice a continuation of France within the Eurozone. As such there is no guarantee that the Eurozone loses France, but only if François Fillon beats both Macron and Le Pen, a feat that is not impossible, but for now decently unlikely. That will be known on 23rd April 2017, when the 1st round of the 2017 French presidential election will be held. Perhaps it would be nice that Daniel Boffey realises that the French will not walk away with a French version of the West Country Farmhouse Cheddar and in equal measure Champagne will still be French, also after both have left the Eurozone, it will not be possible for Either to claim ownership of the Trade Mark ‘Edam Cheese’ as it is a Dutch Trade Mark.

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