03-02-2020 14:42
by Fast

EU: Brexit – how does it affect my IP?

As of February 1, 2020, the UK is no longer a member of the European Union. However, there will be no changes for IP rights until the end of the so-called "Transition Period", which is expected to expire on December 31, 2020.

After the expiry of the Transition Period, all registered EU Trademarks and Registered Community Designs will be "cloned", i.e. an equivalent UK registration will be created automatically. The same applies to International Trademark and Design Registrations with a designation of the EU that have been granted protection in the EU. The holders of such registered IP rights do not need to take any steps or pay any fees in connection with the creation of the equivalent UK registration. However, the newly created UK rights will have to be maintained separately from the original registrations.

EU Trademark applications or RCD applications which are still pending as well as RCD registrations which are unpublished at the end of the Transition Period may be re-filed in the UK within a period of nine months from the expiry date of the Transition Period, maintaining the same filing and priority dates as the original EUTM and RCD applications.

European Patents are not affected by Brexit since the European Patent Convention is a separate international treaty and the EPO is not an EU institution.

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