Brexit & IP: Everything you have ever wanted to know about Brexit

23/01/2019

We are listening to our clients and below have endeavoured, insofar as we have the information from the UK Government, to answer the questions we are being asked by clients around the world. We will update this as and when we hear anything – and please let us know if you would like us to add any questions to the list. Please check back in for updates. We will draw attention to updates through our newsletters, Twitter and LinkedIn.

We’ve grouped the questions into various topics – please follow the links below.

I – Introduction – rights affected

II – Contentious proceedings

III – Maintaining registrations

IV – Enforcement & Agreements

(If this is all much more than you wanted, please click here for the snapshot or here for the abridged version.)

The Government is ramping up preparations for a ‘No-Deal Brexit’ and so we have used 31 October 2019 throughout these answers as the effective date of Brexit and assumed no deal and no transition window.

This might not be the case. A deal may yet be done in the time left, or an extension may be granted beyond 31 October. Other options under discussion include a further referendum and, after that, who knows if Brexit is even happening.

If there is a deal

If there is a deal, we do have some guidance from what was in the Draft Agreement before it was rejected by UK Parliament. Perhaps these won’t change:

• There will be a Transition Period, meaning business as usual for IP until the end of 2020, or any later date negotiated.
• Pan-EU IP rights continue to be treated as covering the UK until the end of any Transition Period.
  • EUTMs can be used to oppose UK TM applications and vice versa.
  • EUTMs can be cancelled on the basis of earlier UK TMs and vice versa.
  • Pending EU oppositions and cancellation actions may continue as normal and continue to affect the UK.
• EUTMs and EU Registered Designs are enforceable in the UK until the end of any Transition Period.
• The Transition Period will give more time to consider filing and protection strategy.

This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.