Qualifying Patents would include patents granted by the IPO, European Patent Office, regulatory data protection, supplementary protection certificates (SPCs) and plant variety rights and the Patent Box would cover products paid for separately or embedded in the price of products. However, identifying and calculating the relevant taxable income is not going to be straightforward and some say this might even diminish the appeal of the Patent Box savings altogether.
We’ll report back when we hear further.
We’ll report back when we hear further.
Interesting - I've campaigned vigorously (with the aid of my MP) for Plant Variety Rights to be included in the Patent Box, as the law prevents anyone from obtaining either UK or EU patent in a plant variety. However, whilst the guidance notes say that PVR are included (and one assumes that will be both UK PVR issued by the Plant Variety Rights Office (PVRO) and Community Plant Variety Rights issued by the Community Plant Varieties Office (CPVO)), I see no specific mention of PVR in the draft legislation - merely reference to the potential for Government to add to the list of included IP by Statutory Instrument. I wonder when such SI will be brought forward?
ReplyDeleteI also notice that for "licensed-in" IP, there is a requirement for exclusivity, at least at national level. Is not a national exclusivity in conflict with EU competition/freedom of movement of goods legislation?