The United Kingdom’s decision to leave the European Union triggered a number of uncertainties regarding the applicability of the intellectual property protection regime in the UK. The European Union Intellectual Property Office (EUIPO) went as far as to post a notice, in which it warned intellectual property owners of the possibility that the property’s protection will cease in case of the so-called “hard Brexit”. Thankfully, EUIPO’s fatalism proved unfounded – The Draft for the so-called “Brexit Agreement” published on 14.11.2018 evidences that the EU and the United Kingdom strive to ensure succession and continuous protection even after the transition period ends – currently set at 31.12.2020.
Owners of Intellectual property (including trademarks of the EU, registered Community designs, Community plant varieties, geographical indications, traditional terms for wine, international trademarks which cover the EU’s territory etc.) which has not yet expired will enjoy the same protection in the territory of the UK after the end of the transition period. If as a result of a procedure started before 31.12.2020 the intellectual property protection is declared invalid or revoked, the protection in the UK will generally suffer the same fate. One notable exception to this regime is copyright, which has not been included in the Agreement.
To lessen the administrative burden on intellectual property owners, the Agreement guarantees that the United Kingdom will carry out any necessary registrations free of charge and on its own initiative, without requiring any specific actions from the owner. If the person in question has already filed an application for a trademark of the EU, Community design or plant variety before the end of the transition period, the owner is entitled to a priority claim should they choose to apply for the same protection in the UK within a relevant time period.
Obretenovi Law Firm’s team specializes in intellectual property protection and is ready to assist you with the challenges Brexit poses. Do not hesitate to reach us at office@codilex.eu.