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08 Jan 21. British Army forces Major General Christopher Bell out for lying over relationship. A decorated general is considering appealing against an order to resign as head of army recruitment after being found to have lied about an “emotional” relationship with a woman captain.
Major General Christopher Bell was head of the secretive 77th Brigade, an elite information warfare unit, when he was initially asked about his relationship with the part-time reservist in 2018.
The married father of two had been predicted to reach the upper echelons of the military before he was ordered to resign his commission last month.
General Bell, 48, had served in the Scots Guards along with Ben Wallace, the defence secretary. Tobias Ellwood, chairman of the Commons defence committee, was promoted to lieutenant colonel in the 77th Brigade while he was in command of the unit.
The 77th Brigade, based in Berkshire, was created in 2015 to specialise in information and cyberwarfare. It recruited part-time reservists, including those from the City with skills in online analysis, marketing and social media.
General Bell was appointed head of the unit in May 2017 and during questioning the following year over a “routine matter” was asked about the relationship with his subordinate. He was promoted in December 2018 to a position in charge of “talent management” and appointed general officer commanding army recruitment and initial training command in April last year.
Suspicions that he had been untruthful in his account of the relationship with the captain, who has resigned from the army, emerged last year. They were investigated under an “administrative” action by a three-star general who concluded that on the balance of probabilities he had lied about the relationship.
The investigation is understood to have seen text messages between General Bell and the captain.
The three-star general recommended last month that the army board require General Bell to resign his commission for breach of the “service test” on integrity.
An army source said: “He had insisted that he had no relationship with the captain. The investigation found on the balance of probabilities that there had been an ‘emotional relationship’ and not a physical relationship.
“The investigating general found there had been obfuscation in his original account in 2018. Once he was found to have lied about the nature of the relationship there was a recommendation that he should be required to resign.”
A friend said: “Chris is insistent there has been no sexual relationship and is furious about some of the untrue scurrilous rumours. He has resigned but has time to appeal.”
General Bell is understood to have remained with his wife, Alexandra. He had been awarded a Queen’s Commendation for Valuable Service for his service in Iraq in 2003, an OBE for his services in Afghanistan in 2008 and has just been advanced to CBE in the new year honours.
An army spokesman said: “Major General Chris Bell has retired from the army. We are not prepared to release any personal information about this individual.”
General Bell has been replaced by Major General Sharon Nesmith, 50, the first woman to reach the rank of general officer commanding. (Source: The Times)
06 Jan 21. Turkey’s defence, aerospace industry exports fall 16.8% y/y to $2.3bn in 2020 – report. Turkey’s defence and aerospace industry exports amounted to $2.3bn (1.9bn euro) in 2020, marking a 16.8% decrease on an annual comparison basis, local media reported on Wednesday. The disruption in production, supply and logistics processes due to restrictions imposed over the coronavirus pandemic attributed to the decline, Anadolu Agency said, citing data compiled from the Turkish Exporters’ Assembly (TIM). The defence and aerospace industry’s share in the country’s total exports was 1.3% last year. The US was the top export market of the aviation and defence industry sectors with $784.2m, 4% less compared to a year earlier, followed by Azerbaijan with exports worth $260.8m, which represents a 194% increase compared to 2019. Turkey’s exports to the United Arab Emirates posted the third-most significant increase with 51%, reaching over $200.2m. (Source: Google/https://seenews.com/)
04 Jan 21. The air forces of NATO member states in Europe scrambled over 400 times in 2020 to intercept unknown aircraft heading for Alliance airspace, 87 percent (around 350) of which were for Russian military aircraft. According to a NATO statement: “Russian military aircraft often do not transmit a transponder code indicating their position and altitude, do not file a flight plan, or do not communicate with air traffic controllers, posing a potential risk to civilian airliners.”
“In recent years, we have seen an increased level of Russian military air activity close to the Alliance’s borders,” said NATO spokesperson Oana Lungescu. These borders are protected by around 40 air surveillance radars and reporting hubs, together with around 60 quick response NATO jets, 365 days a year.
NATO states that it has provided a Baltic Air Policing mission for Estonia, Latvia, and Lithuania since all three nations joined the Alliance in 2004. NATO also provides air policing in the Western Balkans who do not have their own fighters: Albania, Slovenia, and Montenegro.
In addition to sovereign capabilities, NATO has two air operations centres – one in Germany, covering northern Europe, and one in Spain covering the south – both of which monitor military and civil air movements across Europe. (Source: Armada)
04 Jan 21. EU, China sign investment treaty. The European Union and China have agreed in principle an accord to facilitate greater levels of EU investment in the Asian country. The treaty includes clauses relevant to national security and China’s efforts to develop military capability through advanced commercial technologies.
The EU-China Comprehensive Agreement on Investment (CAI) – announced on 30 December – took seven years of bilateral talks to conclude and, according to the EU, is intended to “significantly improve the market access conditions for EU companies in China”. The agreement will come into effect once formally approved and ratified by Beijing and Brussels.
In terms of national security, the CAI contains a section that is likely intended to address China’s efforts to leverage investment to gain access to foreign technologies. The practice is regarded as important by China in supporting its military-civil fusion (MCF) strategy.
“The CAI lays very clear rules against the forced transfer of technology,” the EU said in a press release explaining key elements of the agreement.
It added, “The provisions consist of the prohibition of several types of investment requirements that compel transfer of technology, such as requirements to transfer technology to a joint-venture partner, as well as prohibitions to interfere in contractual freedom in technology licensing.”
Moreover, the EU said that the CAI seeks to “make investment fairer” through a clause that seeks to “discipline the behaviour of SOEs [China’s state-owned enterprises] by requiring them to act in accordance with commercial considerations and not to discriminate in their purchases and sales of goods or services”. (Source: Jane’s)
04 Jan 21. UK Carrier Strike Group declares Initial Operating Capability. The UK’s Carrier Strike Group has declared Initial Operating Capability (IOC), a significant milestone on the path to the group’s first operational deployment later this year.
Achieving IOC means all aspects of the Carrier Strike Group, including ships, jets, radar, and weapon systems, have been brought together and operated successfully.
The Ministry of Defence (MOD) said that the Carrier Strike Group’s naval and air elements had met the IOC milestone, with qualified pilots and ground crews being available at short notice for Carrier operations.
Defence Minister Jeremy Quin said: “This is a hugely significant milestone for HMS Queen Elizabeth, the Royal Navy and the whole country.
“This achievement is a testament to the determination of our service personnel and industry workforce who have delivered this first-rate military capability, a capability held by only a handful of nations. I wish the entire Carrier Strike Group well ahead of their first operational deployment this year.”
IOC was achieved on schedule following Exercise Joint Warrior last year which saw UK and US Marine Corps F-35Bs embarked onboard HMS Queen Elizabeth. The exercise saw the largest embarkation of aircraft on a Royal Navy Carrier since 1983.
Full operating capability for the UK Carrier Strike Group is expected by December 2023.
On Twitter, Royal Navy Commander UK Carrier Strike Group Commodore Steve Moorhouse said: “Symbolically, this is an inflexion point. Until now the Royal Navy has looked to our government and allies to help deliver this project – we are now in the position to offer serious military capability and choice in return.”
Moorhouse added that the IOC meant the UK Carrier Strike Group was now at very high readiness and could be deployed at five-days’ notice on operations if needed. (Source: naval-technology.com)
31 Dec 20. Turkey takes command of NATO crisis response force. Turkey’s army will lead NATO’s quick reaction force in 2021, placing Turkish troops at the core of a multinational unit that would deploy quickly to wherever it’s needed to defend the alliance in a crisis, the U.S.-led military pact said.
NATO touted the Turkish military’s ability to carry out the mission despite Ankara being at odds with members of the alliance, including the U.S., over its close ties to Russia.
“Turkey has made substantial investments into the unit – amongst the most mobile in NATO – particularly in its logistics and ammunition requirements planning,” the alliance said in a statement.
The quick reaction force, formally known as NATO’s Very High Readiness Joint Task Force, was created in 2014 in response to a more aggressive Russia. Turkey takes over leadership of the mission from Poland, which led the force in 2020.
The U.S. and other NATO members have been at odds with Turkey on several issues, including Turkey’s role in Syria and its purchase of an advanced Russian air defense system.
The U.S. has said the Russian made S-400 is incompatible with other alliance air defense networks and could be used to gather intelligence on allied weapons systems. It kicked Turkey out of the F-35 fighter program and, in mid-December, the Trump administration imposed sanctions on Turkey’s main military weapons procurement agency after Ankara went ahead with the purchase.
Despite these disagreements, Turkey’s 66th mechanized infantry brigade of 4,200 troops will serve as the main element of NATO’s quick reaction force during 2021. About 2,000 troops from 10 other NATO countries will play a supporting role, NATO said.
The quick reaction force is a spearhead element within NATO’s larger Response Force, which has gained in strategic significance since Russia’s intervention in Ukraine six years ago.
However, some security analysts have questioned its usefulness in a crisis. One problem is that deploying the force on short notice requires consensus among all NATO member states, which could be difficult to achieve on short notice. A member state leading the quick reaction force could also refuse to deploy its forces.
Turkey, which earlier this year blocked a NATO defense plan for the Baltic states and Poland over a dispute with other members over Syria, has a track record of complicating allied efforts at achieving consensus. (Source: Defense News Early Bird/https://www.stripes.com/news/)
04 Jan 21. Over 5,000 Armed Forces deployed in support of the Covid response in the biggest homeland operation in peacetime. Over 5,000 Armed Forces personnel are currently deployed to support the response to the Coronavirus across the UK, working on 70 different tasks ranging from schools testing to the rollout of vaccines.
This is more than at any previous point in the pandemic and the biggest homeland operation the UK has ever seen in peacetime. Thousands more are supporting efforts through their day jobs in military planning, Defence Medical Services, Defence Science and Technology Laboratories and elsewhere.
More military personnel are being deployed to support community testing in:
- Manchester – 800 personnel providing community testing support to the Greater Manchester Combined Authority
- Kent – 390 personnel will support community testing
- Swadlincote, Derbyshire – 130 personnel to establish and operate four lateral flow testing sites
- Kirklees, Yorkshire – 75 personnel to establish and operate four lateral flow testing sites
- Lancashire – 420 personnel to support asymptomatic testing
In Manchester today (4 January) another large scale task starts, with 800 personnel deploying from nine regiments across the British Army at the request of the Greater Manchester Combined Authority (GMCA), through the Department of Health and Social Care (DHSC). These personnel will prepare to work across all ten local authority areas of Greater Manchester to carry out targeted asymptomatic testing of specific populations that may be at a higher risk of infection including social care staff, key workers, public facing occupations such as bus drivers, and those in high risk environments such care homes and shared accommodation for the homeless. The task builds on lessons from previous asymptomatic community testing in Liverpool, Lancashire, Merthyr Tydfil, Medway, and Kirklees.
In addition to community testing, military personnel remain on-task testing hauliers in Dover and helping to establish ten new testing sites to improve the flow of traffic across the Channel. As of today, 515 personnel are on task in Kent and elsewhere providing testing to hauliers.
1,500 Armed Forces personnel have also been provided to support schools testing, with local response teams providing virtual support and phone advice to institutions. Personnel also on standby to deploy at short notice to provide in-person support. Testing will continue as planned with two rapid Lateral Flow Tests available to all secondary school and college students and staff at the start of term to identify asymptomatic cases, break chains of transmission and beat the virus.
Defence Secretary Ben Wallace said, “The new year will see new levels of Armed Forces support to overcoming this pandemic. Thousands of service personnel are working throughout the United Kingdom, wherever they are needed to assist the civil authorities.
Manchester is the latest of those tasks and will be an important contribution to protecting the highest risk groups as the city seeks to recover. As a North West MP I am acutely aware of the considerable time many of us have been labouring under some form of lockdown and I hope our soldiers will help us get to the day when these restrictions will start to lift.”
Health Secretary Matt Hancock said, “We are enormously grateful to the Armed Forces for lending their support to these important community testing programmes. Around one in three people with coronavirus showing no symptoms, asymptomatic testing is crucial to identifying those who might be unknowingly infected, and protecting our most vulnerable.
These community testing schemes are part of a national testing programme with millions of lateral flow tests arriving in schools tomorrow, for the testing of students and staff, to add to the hundreds of thousands of asymptomatic tests currently being conducted in care homes, across the NHS and in critical infrastructure workplaces and food manufacturers.”
While the Army, alongside thousands of medical professionals and volunteers, help roll out the vaccination programme, we must remember that the first line of defence against the virus remains to wash our hands, cover our faces and keep space.
Lt Gen Sir Tyrone Urch KBE, Commander Standing Joint Commander UK said, “I am incredibly proud of all the servicemen and women who have worked tirelessly for most of this year on Operation RESCRIPT, the military effort in support of the government’s campaign to tackle COVID-19. In recent weeks, our amazing staff have deployed at short notice to set up and staff community testing centres across the country in support of the NHS, DHSC, Devolved Nations and local communities. They have conducted a successful testing pilot in schools and contributed to vaccine rollout planning. Both Regular and Reservist personnel stepped up on Christmas Eve to help clear the backlog of trucks in Kent, setting up testing facilities overnight when they would otherwise have been spending the festive period with their families. I am humbled by the sacrifice and dedication of all our people from the Royal Navy, British Army and Royal Air Force as we continue to contribute to our nation’s fight against the coronavirus.”
The MOD has deployed 10 military planners to assist the Vaccine Task Force, with over 150 personnel deployed across the UK to support organisational and logistical components of the Deployment Programme. Two separate military planners are seconded to support the Vaccine Task Force Director. Additionally, 20 personnel are assisting with regional vaccine planning, end-to-end logistics and delivery.
From 11th January a Vaccine Quick Reaction Force is being established, with their training for the role beginning today. This will initially be 21 teams of six personnel assigned to the seven NHS England regions, able to provide surge support to the vaccine roll-out if required by local health authorities.
In Wales, 90 service personnel are deployed to support Health Boards in rapidly establishing and operating vaccination centres. For the first-time trained defence medics will also support the administering of the vaccine. Ninety-four military personnel, including medics and drivers, have embedded with the Welsh Ambulance NHS Trust to support them by driving Ambulances.
In Scotland, military planners are supporting the testing and vaccine programmes. Earlier during the pandemic Armed Forces personnel supported healthcare professionals to deliver testing at Glasgow Airport, and RAF Puma helicopters were deployed to Kinloss Barracks in Moray to provide emergency assistance to NHS boards and trusts across Scotland. In Northern Ireland the Defence Estate is being loaned to the PSNI for their use and the Armed Forces have placed medevac capabilities on standby for Covid-19 patients when needed. (Source: https://www.gov.uk/)
01 Jan 21. Intellectual property after 1 January 2021. The transition period has ended. On 1 January 2021 there will be changes to UK intellectual property law to ensure the smooth departure from EU IP systems.
The following is a summary of the key changes.
Use of representatives and address requirements to represent
From 1 January 2021, UK attorneys will be unable to represent clients on new applications or new proceedings at the EU Intellectual Property Office (EUIPO). UK trade mark owners will need to appoint an EEA attorney to represent them on new applications and proceedings before the EUIPO.
However, the Withdrawal Agreement (WA) ensures that UK legal representatives can continue to represent their clients before the EUIPO in cases that are ongoing at the end of the transition period.
From the end of the transition period, the IPO will no longer provide certification for legal representatives to be added to EUIPO’s list of professional representatives. The EUIPO will no longer introduce representatives to the list on the basis of a UK certification.
UK Address for Service (AfS)
The Intellectual Property Office (IPO) has published business guidance, following publication of the government response to the outcome of the Address for Service call for views published earlier this year. Views were invited on removing reference to the European Economic Area.
From 1 January 2021, subject to legislative implementation, only an address for service in the UK (which for these purposes includes the Isle of Man), Gibraltar or the Channel Islands will be accepted for new applications and new requests to start contentious proceedings before the IPO.
The change will apply across all the registered IP rights (patents, trade marks and designs).
Changes to IP rights
Trade marks
Comparable UK trade mark and Design rights will be created at the end of the transition period under the terms of the Withdrawal Agreement.
On 1 January 2021, The IPO will create a comparable UK trade mark for every registered EU trade mark (EUTM). Each of these UK rights will:
- be recorded on the UK trade mark register
- have the same legal status as if you had applied for and registered it under UK law
- keep the original EUTM filing date
- keep the original priority or UK seniority dates
- be a fully independent UK trade mark that can be challenged, assigned, licensed or renewed separately from the original EUTM
You will not:
- need to file an application for this right or pay an application fee. There will be as little administration involved as possible
- receive a UK registration certificate, but you will be able to access details about the trade mark on GOV.UK and can take a screen shot from there as evidence of your right.
Businesses, organisations or individuals that have applications for EUTMs which are not registered at the end of the transition period will have a period of nine months to apply in the UK for the same protection. In this case, UK application fees will be payable, and the application will be subject to UK examination and publication requirements.
Our digital and paper forms will be amended to include a new section for claiming the earlier filing date of the corresponding EUTM application.
For information on renewals, opt out process and numbering as well as more detail on subjects covered in this section please refer to our business guidance
- EU trade mark protection and comparable UK trade marks from 1 January 2021
- Creation of the re-registered international design
Please see section below on Geographical Indications for details on this IP right and the relationship with trade marks.
Designs
Re-registered UK designs will be created at the end of the transition period under the terms of the Withdrawal Agreement.
On 1 January 2021, the IPO will create a re-registered design for every Registered Community design (RCD). Each of these rights will:
- be recorded on the UK designs register
- have the same legal status as if you had applied for and registered it under UK law
- keep the original RCD filing date
- keep the original priority date
- be a fully independent UK design that can be challenged, assigned, licensed or renewed separately from the original RCD.
You will not:
- need to file an application for this right or pay an application fee. There will be as little administration involved as possible
- receive a UK registration certificate. You will be able to access details about the design on GOV.UK and can take a screen shot from there as evidence of your right.
Businesses, organisations or individuals that have applications for RCDs which are either not registered or have deferred publication at the end of the transition period, will have a period of nine months to apply in the UK for the same protection. In this case UK application fees will be payable, and the application will be subject to UK examination requirements.
Our digital and paper forms will be amended to include a new section for claiming the earlier filing date of the corresponding RCD application.
For information on renewals, opt out process and numbering as well as more detail on subjects covered in this section please refer to our business guidance
International trade marks and designs
International designs designating the EU will continue to have protection in the UK under the terms of the Withdrawal Agreement.
From 1 January 2021, the UK Intellectual Property Office will create a re-registered UK design for every International design (EU), that is protected at the end of the transition period.
Where an international design designating the EU has been applied for, but is not yet protected or where the publication has been deferred, the holder will have a period of nine months to apply for the same right as a UK design.
UK application fees will be payable, and the application will be subject to UK examination requirements.
Re-registered International designs will not be displayed or available to view or search on the UK register from the end of the transition period as there will be a delay in updating UK systems.
Holders of these rights will not be disadvantaged as re-registered UK designs will have effect in law from the end of the transition period.
They will be available on the UK register as soon as practically possible.
The UK IPO will provide continuous updates to customers via GOV.UK once these rights become available to view and search.
For information on renewals, opt out process and numbering please refer to UK IPO business guidance.
For further key information for customers and users of IP about how the IP system and the UK Intellectual Property Office will operate after the end of the transition period.
Unregistered Designs
Unregistered community designs that arise before the end of the transition period will continue to be protected in the UK for the remainder of their three year term through continuing unregistered designs.
From 1 January 2021, a supplementary unregistered design (SUD) will become available in UK law.
The SUD will provide similar protection to that conferred by the unregistered Community design, but for the UK only.
The SUD will be established by first disclosure in the UK or another qualifying country. First disclosure in the EU will not establish a SUD right. It could destroy the novelty of the design should you later seek to establish UK unregistered rights.
Business will need to consider carefully where to disclose their products to ensure they have adequate protection in their most important market.
More information is available in our business guidance.
Patents
You can apply for a European patent through us or direct to the European Patent Office (EPO) to protect your patent in more than 30 countries in Europe, using the (non-EU) European Patent Convention (EPC).
As the EPO is not an EU agency, leaving the EU does not affect the current European patent system. Existing European patents covering the UK are also unaffected.
European patent attorneys based in the UK continue to be able to represent applicants before the EPO. See the notice on the EPO website news story for further information.
Supplementary Protection Certificates (SPCs)
SPCs are granted as national rather than EU-wide rights.
It was not necessary for the UK and the EU to agree the creation of a comparable right to ensure continued protection of existing SPCs in the UK at the end of the transition period.
The Withdrawal Agreement ensures that SPC applications which are pending at the end of the transition period will be examined under the current framework.
Any SPC which is granted based on those applications will provide the same protection as existing SPCs.
You will continue to apply for an SPC by submitting an application to the Intellectual Property Office.
Changes affecting SPCs due to the Northern Ireland Protocol
Due to regulatory changes for marketing authorisations there are some changes to the SPC application process which will come into effect from 1 January.
You will need to check whether your marketing authorisation is valid for the whole of the UK, or just Northern Ireland or Great Britain.
An application for an SPC must still be filed with the IPO within six months of your first authorisation.
Please check the business guidance to ensure you are submitting the correct forms and accompanying documentation.
Parallel trade between the UK and the EEA
The IP rights in goods placed on the UK market by, or with the consent of the right holder after the transition period may no longer be considered exhausted in the EEA.
This means that businesses parallel exporting these IP-protected goods from the UK to the EEA might need the right holder’s consent.
The IP rights in goods placed on the EEA market by, or with the consent of the right holder after the transition period will continue to be considered exhausted in the UK.
This means that parallel imports into the UK from the EEA will be unaffected.
We plan to publish a formal consultation in early 2021 and we will let interested parties know of the publication date in due course.
Actions for parallel exporters of IP-protected goods to the EEA
Check whether you currently export legitimate, IP-protected goods to the EEA. These could be goods branded with a trade mark that have already been placed on the UK market.
The rights holder’s permission to export those goods may not currently be required.
You may need to contact the rights holder to get permission to continue exporting these goods after 1 January 2021.
The IP rights holder may not provide permission for their IP-protected goods to be parallel exported to the EEA.
You may need to review your business arrangements, business model or supply chain based on the outcome of the discussion with the IP rights holder.
Actions for IP rights holders
Businesses that own IP rights (trade marks, patents, designs or copyright) may wish to seek legal advice if their IP-protected goods are parallel exported from the UK to the EEA.
You will need to consider if you want to allow parallel exports of your IP-protected goods from the UK to the EEA after 1 January 2021.
Copyright
Most UK copyright works (such as books, films and music) will still be protected in the EU and the UK. This is because of the UK’s continued participation in the international treaties on copyright.
For the same reason, EU copyright works will continue to be protected in the UK. This applies to works made before and after 1 January 2021.
Current cross-border copyright arrangements unique to EU member states will stop at end of the transition period.
These include cross-border portability of online content services, copyright clearance for satellite broadcasts, reciprocal protection for database rights and the orphan works exception.
More information is available in our business guidance.
Geographical Indications
A geographical indication is an IP right used on products that have a specific geographical origin. They possess qualities or a reputation due to that origin, such as Scotch Whisky or Stilton cheese.
The Department for Environment, Food and Rural Affairs (Defra) leads on agricultural and food Geographical Indications (GIs) in the UK. They have published guidance, including on the new UK GI schemes which will come into force on 1 January 2021.
The IPO has worked with Defra to ensure the new schemes are compatible with the wider IP framework. This will ensure the existing relationship between trade marks and GIs is maintained. More information is available in our business guidance.
Protecting intellectual property rights at the UK border
The way in which businesses protect their IP rights at the UK border will change once the Transition Period ends on 31 December 2020. From this date all UK protection within the EU will cease to be recognised.
This means that:
- businesses that want to protect their IP rights in the EU and in the UK will need to hold two Applications for Action (AFA) – one in the EU and one in the UK
- businesses that made an application to the UK for IP rights protection in EU countries will need to check the EU EUROPA website for guidance on protecting IP rights in one or more EU member states
- if a business made an application in another EU country for IP protection in the UK before the end of the transition period, they need to make a new UK AFA application to continue to protect their IP rights at the UK border
- HMRC have introduced a new application process to protect IP rights at the UK’s borders. Businesses will need to complete the new UK AFA form which is available on GOV.UK
- the UK government will recognise existing applications for IP protection in the UK where an application was made in the UK and handled by HM Revenue & Customs (HMRC) Intellectual Property Approvals. These applications will be stored on a UK register at the end of the Transition Period. Businesses can continue to seek enforcement in the UK until their AFA expires and there is no requirement to re-submit a UK application after the transition period
For more information about the changes please refer to our business guidance Application for Action. (Source: https://www.gov.uk/)
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