Brexit Implications for Intellectual Property Rights
20-Feb-2019
LONDON – The decision of the United Kingdom to exit the European Union will have significant consequences for many businesses in the United Kingdom, and will influence the landscape of European Intellectual Property Rights (IPRs).
Although the uncertainty about the Brexit remains, both IP practitioners and IP owners need to prepare for two possible main scenarios:
In the event of a ‘deal’ scenario, there will be no substantive changes for the owners of Community trademarks or designs. All Community trademarks and designs, registered before the end of the transition period (expected to be December 31, 2020), will automatically be converted into national trademarks in the UK without any examination and without any cost to the right holder.
However, in case ‘no-deal’ is reached, the two regulations on the Community trademark and design will no longer be applicable by the UK starting from March 29, 2019. Registered trademarks will continue as national trademarks in the UK, and pending EU trademark applications can be re-filed in the UK during the 9 months following the Brexit date.
In this regard, we advise our clients to consider filing a national trademark application in the UK separately from the pending EU application, if they have specific interest in the UK and would prefer obtain certainty on their trademarks status in the UK; in particular, with respect to use/non-use and enforcement, in order to avoid any risk of possible loss of priority dates or rights.
For more information, please contact AGIP Europe office at: europe@agip.com