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

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 and agreements.

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

The UK stopped being a member of the European Union at 23:00 GMT on 31 January 2020.  The EU and UK are currently in a transition period, as per the terms of the Withdrawal Agreement (sometimes called the implementation period).  The transition period will end on 31 December 2020 and cannot be extended beyond that date.  Therefore the UK’s date of final exit from the EU is 23:00 GMT on 31 December 2020.

There are presently two bases on which the UK could exit the EU.  The first is without a deal being agreed and the second is on the basis of a deal.  We are continuing to monitor the position and will provide further updates when the details of the future relationship between the UK and EU become clear.

Until the end of the transition period on 31 December 2020, the following still apply:

• Pan-EU IP rights continue to be treated as covering the UK until the end of the 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 the transition period.

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.