IP & BREXIT what is the effect?

As we already know the UK has excited the EU after a long and drawn out process by the 31.st of January 2020. There is a transitional period during, until 31.st December 2020, which the UK will still be operating under EU legislation. 

This is also the time during which law related to IP is affected. There are two European systems for trade marks and designs:

• The European Union Trade Mark (EUTM) system; and 

• The Registered Community Designs (RCD) system

Either of these two can be obtained with a single file application sent to the EUIPO and it extends protection automatically to all member states of the EU. This also includes the UK until the 31.st of December this year (2020). 

With regard to patents and copyrights there are other systems in place within the EU.

The good news is as long as the UK is under the transitional period there is no change to the IP. That said the minute we hit midnight on 31.st of December 2020 different law comes into place meaning that the Withdrawal act comes into place meaning that in relation to IP the following will take place:

• In case you are the proprietor of an EUTM or RCD registration as of January 1.st 2021 the IPO of the UK will AUTOMATICALLY create a comparable national trade mark or design in the UK. NO ACTION is required on your behalf. 

• In case you are the proprietor of an EUTM or RCD application as of January 1.st 2021 there is a 9 month period in which you have to apply for a comparable national trade mark or design in the UK. ACTION IS REQUIRED by you or someone acting on your behalf.

• In case you are the proprietor of an International Registration (IR) Designation as of January 1.st 2021 and:

1. Protection is granted in the UK by January 1.st 2021 then the protection of the IR will continue in the UK and NO ACTION is required  on your behalf, or

1. Protection isn’t granted in the UK by January 1.st 2021 then what will happen is slightly unclear yet the UK remains in negotiations with the WIPO and thus ACTION MAY be required on your behalf.

• In case you are the proprietor of an EUTM or IR Designating the EU yet only use the trade mark in the UK, then either of the registrations may be vulnerable in relation to a revocation from the EU for non-use in the EU. You or your trade mark specialist need to be on your toes and have a conversation about this.

The best news in this relation is that patents are not affected at all. The same goes for copy rights, yet arrangements related to cross-border activities are liable to change going forward please be aware of this.