BREXIT – Good News for Holders of Registered EU Trademarks and Designs
There has long been uncertainty about how the UK authorities would handle Brexit in relation to EU trademark and design rights. Recently, focus has been on the tumultuous process that has taken place in parliament, and now 1½ months away from Brexit day we do not yet know if Brexit will take place at all.
However, the UK has already introduced new legislation that will ensure the continued existence of IP rights following a possible Brexit.
EU trademark and design registrations will continue to exist in the UK after Brexit and the proprietors need not take any action. A separate UK right will be established.
Holders of pending EU applications for registration of trademarks or designs will have to submit a new application in the UK within a period of 9 months from Brexit day. A new application fee will have to be paid, but the applications will retain their original application date from the EU application.
Holders of unregistered design rights will also receive the same protection in the UK after Brexit as they had before.
In the area of copyright, the situation is somewhat more complicated, as some EU copyright rights will be changed. It is also questionable whether the UK will follow the latest change in copyright protection practice law as laid out by the European Court of Justice in the Cofemel ruling.
In the field of patents, there is no EU patent protection yet, so the situation is somewhat simpler. Britain will continue to be a member of the EP system, but it is unclear what the EU system will look like when the UK leaves the EU. So far, it has been agreed that one of the central courts should be in London, and it is certain that this will not be the case after Brexit.
Watch this page for further updates …