AL: News

Brexit – Update

Monday 18 March 2019

Summary

While political uncertainty still clouds the manner and timing of Brexit, the position on IP rights remains as previously advised. The UK Government has issued some guidance on the likely impact on IP rights. Appleyard Lees is monitoring developments closely, but at this stage we do not recommend any immediate action.

  • European Patents – Not affected
  • SPCs – Protection Framework Maintained
  • European Registered Trade Marks – Protection Continues – UK Rights will be Cloned
  • European Registered Community Designs – Protection Continues – UK Rights will be Cloned
  • Pending EU Applications – Backdated Filings Possible for 9 Months

More Detail

European Patents – Not Affected

There will be no change. The European Patent (EP) system is independent from the EU.  The UK will remain a full Member State of the European Patent Convention and patent protection in the UK can still be obtained via EP patents.

The rights of representation of patent attorneys at Appleyard Lees at the European Patent Office will not be affected by Brexit.

SPCs – Protection Framework Maintained

The UK Government is committed to maintaining the SPC system in and for the UK. Further details are awaited.

European Registered Trade Marks – Protection Continues – UK Rights will be Cloned

Existing EU TM Registrations will no longer cover the UK after Brexit. The UK Government has committed to “cloning” onto the UK trade mark register any existing EU Registrations. Cloning will be carried out automatically and at no charge. The UK Government is committed to this option even if there is a no-deal Brexit. Separate renewal fees will be required.

After Brexit, separate UK filings will be required alongside any EU applications.

The UK will remain a member of the Madrid Protocol and Paris Convention.

European Registered Community Designs – Protection Continues – UK Rights will be Cloned

The position for Registered Community Designs (RCDs) is similar to that for EU TMs. Rights will be cloned automatically and free of charge. The UK Government is committed to this option even if there is a no-deal Brexit.

After Brexit, separate UK filings will be required alongside any EU applications.

The UK will remain a member of the Hague Convention and Paris Convention.

Pending EU Applications – Backdated Filings Possible for 9 Months

Where applications for EU TMs or RCDs are still pending at Brexit, it will be necessary for parallel UK applications to be filed to cover the UK. In the event of a no-deal Brexit the UK Government is committed to providing Applicants with a 9-month period to file in the UK to maintain filing and/or priority dates in any pending EU applications.

In the event of a Brexit deal with a transition period then there may be more favourable provisions and EU applications may progress to registration in the transition period and be “cloned” onto the UK register.

Further Information

Appleyard Lees is committed to continuing to offer its services for the filing, prosecution and enforcement of all IP rights.

For additional information, including on other IP rights and how Brexit may impact on existing commercial IP arrangements, please email HERE or contact your usual Appleyard Lees attorney.

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