LSIPR 50 2018: Uniting the IP chorus

Tim Moss has been heading the UK Intellectual Property Office (IPO), which grants around 5,000 patents and 55,000 trademarks each year, since May 2017.

He previously ran Companies House, where he worked closely with the IPO. His work at the UK’s registrar of companies was delivery-focused, in terms of the practical work he did around company creation. The prospect of having ownership of education and policy relating to IP, as well as the delivery side of the business, was a major factor in Moss’s decision to join the IPO, he told LSIPR.

Moss confided that when he started in his new role at the IPO, he knew “a lot about the business of the IPO but nothing about IP”.

With the UK’s departure from the EU on the horizon, he’s had to learn quickly.

Businesses, lawyers, and trade associations continue to express concern about the UK’s IP landscape post-Brexit, but Moss is not worried.

“We have a good IP system and we will have a good IP system, we just need to ensure a smooth transition from one to the next,” he explained.

However, he’s not under any illusions; speaking to LSIPR in February, Moss said: “There are some bits of the IP system that won’t work after our exit from the EU. There are 1.2 million trademarks and 300,000 registered designs which, unless we sort out the system, will not exist past March 2019 (when the UK is expected to leave the EU).”

“This cannot be allowed to happen, and it won’t be,” he stated, and it appears that Moss is a man of his word.

The latest draft of the Brexit Withdrawal Agreement, released on March 19, confirmed that owners of European Union trademarks and Community designs will have their rights protected in the UK after the Brexit transition period, without any reexamination.

Although the exact mechanism for achieving and paying for this is still a matter of detailed negotiation, it’s certainly a step in the right direction. However, according to Moss, the IPO team understands the issues and possible scenarios that Brexit may bring and it is planning for a range of those going forward.

The IPO is inviting and engaging in sector-specific discussions to ensure that IP issues for industries and professions are well understood, as negotiations around Brexit get underway. Moss is urging stakeholders to use all the routes available to ensure the UK government is as well informed as it can be, so the IPO isn’t the “lone voice” advocating the importance of IP.

Despite the latest development in March there are still many unanswered questions. The role, if any, that IP lawyers in the UK will play in EU cases post-Brexit is still unclear, although Moss believes cases will continue be brought in the UK because of the quality of its “world-leading” legal sector.

Despite Brexit, London is still expected to play host to a Unified Patent Court (UPC) seat, a feat that Moss believes will be “good for the quality of the life sciences industry” in the country.

“It’s not by coincidence that the UPC’s life sciences seat will be based in the UK,” he adds.

The IPO is currently inviting and engaging in sector-specific discussions to ensure the impact of Brexit on IP for industries and professions is well understood as negotiations get underway. Moss is also urging stakeholders to use all the routes available, to ensure the UK government is as well informed as it can be.

A fascinating area of growth

With a degree in natural sciences from Cambridge University, Moss is keen to encourage innovation in the UK’s life sciences industry, particularly after Brexit.

“The growth in biotech and genetics is absolutely fantastic; there is so much going on, it’s unbelievable what can be done now,” he said.

The relationship between the IP landscape and the UK economy cannot be ignored, Moss believes. He is very clear that the UK’s IP system will have a marked effect on whether the UK continues to be a solid, innovative place for life sciences companies to research, develop, and manufacture products.

“The UK has a fantastic life sciences sector and the job of the IPO is to make sure the IP system works really well for it, from idea creation to commercialisation,” he said.

In a bid to ensure the UK remains an attractive place to conduct R&D, the IPO has recruited around 150 patent examiners over the last three years. “We’ve seen real benefits in the increased resources,” he noted.

The IPO is also heavily involved in the government’s life sciences industrial strategy, which features a range of industry-led proposals to ensure the UK’s status as a world leader in the life sciences. The strategy was introduced in 2017 and informs the basis of how the government works with, and supports, the industry.

“Brexit and innovation are two sides to the coin. One side is orchestrating a smooth exit from the EU, and the other is ensuring the UK economy is as strong as it can be,” explained Moss.

He added: “Making the UK one of the most innovative countries in the world is at the heart of the government’s strategy, and the IPO absolutely feeds into that.”

A world-class organisation

Constantly guiding Moss’s work is the question of how the office’s success can be built on. On a day-to-day basis, he advises ministers on IP-related policy matters as well as being responsible for the overall management of the IPO.

He’s developed three overarching aims for the office under his command.

First, Moss wants to maintain the core of the business by continuing to provide quality service to customers.

“That’s the day job and we need to make sure that works very well,” Moss said, explaining that he wants to improve the IPO’s digital communication with customers to speed up processes.

“There’s so much we could do over the next few years—the potential is enormous.”

The second aim is to foster a strong IP environment for the UK. One of the great things about working at the IPO, according to Moss, is the involvement in so many different elements: delivery, policy, enforcement, and awareness.

When Moss joined the IPO he quickly learned that “IP underpins everything we do”, but despite this, he says, many people don’t understand its value.

For this reason he’s particularly keen to enhance the public’s understanding of IP, “from schools to businesses to universities”.

Finally, Moss is keen to make sure the IPO is a great place to work, advocating flexible working and family-friendly policies.

As well as guiding the IPO through Brexit smoothly and continuing to provide a quality service to customers, Moss hopes to enhance the working environment at the IPO. There is no doubt that 2018 will be an important year for the new CEO, but it seems he’s prepared for the challenges ahead.