UK Intellectual Property Office guide on IP and BREXIT

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The UK Intellectual Property Office has published a guide concerning the future of intellectual property (IP)  rights and the recent Referendum decision on BREXIT.

This brief guide aims to cover the questions raised by the UK rights holders about possible consequences of the Referendum on their IP titles by giving information on trade marks, designs, patents, copyright and enforcement issues and the expected impacts of the Referendum.

Please click here to access the dedicated website.

 

Comments

Jeannette Wibmer's picture

Dear all: Various owners of existing EU trade marks would really need clarity over the coverage of those rights when the UK leaves the EU. Where do the relevant Brrexit negotiations with UK stand in this respect? Thank you and best, Jeannette Wibmer

lmontesse's picture

Dear Jeannette,

Brexit is a source of a lot of uncertainty in many areas, including intellectual property. The formal negotiations between the United Kingdom and the European Union have only started a few months ago; until a final agreement is reached, it is not possible to know what will be the Brexit's consequences for holders of EU trade marks. This is but one of the many, many points which will be discussed by the negotiating parties in the upcoming months: the question remains unanswered so far.

In the meantime, we would suggest having a look at two interesting documents:

  • Notice on the withdrawal of the United Kingdom from the EU – EUTMs and RCDs - prepared by the European Commission and countersigned by EU IPO. It addresses holders of and applicants for European Union Trade Marks and Registered Community Designs in the context of the notification of the intention of the UK to withdraw from the European Union, submitted on 29 March 2017. The document describes what should happen in the event that no agreement is reached by the negotiating parties. You can find the whole text here: https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/news/Brexit_preparedness_notice_on_IP.pdf

As you can see, it is impossible, for the time being, to predict what will happen to EUTM titles once the UK's exit is final. This will all depend on whether an agreement was reached with the UK on this point and, if so, on the contents of this agreement. We will of course keep you updated via our newsletter.

Kind regards,

The Helpdesk team