IP SPOTLIGHT MARCH 2020

BREXIT WHAT DOES IT MEAN FOR YOUR IP?

With the UK now leaving the EU, business has entered a transition period which will end on 31 December 2020, at which time the BREXIT Withdrawal Agreement will take effect.

In this update, we explore what this means for your IP rights.

PATENTS Patents are not affected as patent registrations are done through the European Patents Office (EPO) which is not an EU agency. TRADE MARK AND DES IGNS WIPO has issued a statement that trade mark and design registrations designating the EU will continue to have effect in the UK during this period and the UK will be taking measures to make sure that the protection continues after the transition period ends.

Over the coming nine months you should consider the following:

BREX I T

No action is required

Registrations

If you have a European TM registration or a registered

community design as at 1 January 2021, the UK Intellectual Property Office (IPO) will create a comparable, national trade mark or design in the UK. If you have a European TM application or a community design application as at 1 January 2021, you will have 9 months to apply for a comparable, national trade mark or design in the UK If you have an International Registration designating the EU as at 1 January 2021 where you have granted protection in the UK by 1 January 2021, the IR will continue to be protected in the UK. If you have an International application designating the EU as at 1 January 2021, the application is not granted in the UK by 1 January 2021, it is unclear what will happen, but the UK is still in negotiations with WIPO.

Action is required

Applications

No action is required

International Registration

Unclear what will happen - the UK is still in negotiations with WIPO.

International Application

COPYR IGHT & OTHER GLOBAL TREAT I ES As for copyright and other global treaties, there won’t be too much of a change except in relation to arrangements unique to the EU.

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