The Latest on Brexit and Intellectual Property
27 September 2018
As we approach the finality of Brexit in 2019 one of the big concerns about Brexit (and there are, of course many) is what will happen to EU Intellectual Property rights after Brexit.
In an effort to provide some reassurance, MP Robin Walke made the following statement to the effect that UK businesses' EU IP rights would continue to be protected in the post-Brexitaftermath at no additional cost.
“We have agreed to protect all existing EU trademarks, community-registered designs and unregistered designs in the UK as we leave the EU. In place of those EU-level rights, 1.5 million new UK trademarks and registered designs will be granted automatically and for free.”
This is a good statement of intent and it does appear that IP seems to have been one of the less controversial elements to be discussed as part of the Brexit negotiations.
Similarly if your business has registered EU designs then it is reassuring to know that the draft withdrawal agreement takes a similar approach to trade marks, with holders of registered EU designs automatically being granted equivalent UK rights.
The UK Intellectual Property Office has published a brief guide covering questions raised by UK rights holders with respect to the possible consequences of Brexit, offering information on trade marks, designs, patents, copyright and enforcement issues.
To access the IPO guide visit: www.gov.uk/government/news/ip-and-brexit-the-facts
European Commission's Position Paper on Intellectual Property : https://ec.europa.eu/commission/sites/beta-political/files/position-paper-intellectual-property-rights_en.pdf
Notice on the withdrawal of the United Kingdom from the EU – EUTMs and RCDs – prepared by the European Commission and countersigned by EU IPO: https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/news/Brexit_preparedness_notice_on_IP.pdf
Of course until the Brexit deal is signed, sealed and delivered – or not, as the case may be – then we will continue to look out for developments.