HOW WILL BREXIT AFFECT IP RIGHTS? 

Patents

Patents (both UK and European patents) will be on the whole unaffected by the UK’s departure from the EU.

Trade marks and designs

EU Trade Marks (EUTMs), Registered Community Designs (RCDs) and Unregistered Community Designs (UCDs) will be affected when the UK leaves the EU.

Whether or not a deal is reached, both the EU and the UK government agree that existing right-holders should not lose out.  The draft agreement (‘deal’) on the withdrawal of the UK from the EU indicates that both the UK and EU favour providing EUTM and RCD holders with an equivalent right once the UK leaves.

The UK government has also confirmed that it will protect the rights of EU trade mark and design holders, even in the event of a ‘no deal’. As such, all holders of existing registered EUTMs and RCDs will be automatically granted an equivalent UK right. This will involve an automatic ‘cloning’ of the existing registration, at no cost to the right holder. However, pending applications will need to be re-filed within a 9 month period.

Brexit guidance

Whatever happens we’re making it our business to ensure you have all the information needed to help your business navigate Brexit over the coming years. 

You can keep up to date on Brexit by visiting our dedicated Brexit site.

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BREXIT OFFER

Negotiations between the UK and EU are ongoing, and both parties have expressed a desire to provide a smooth transition for EU rights holders. The UK and the EU both appear committed to providing ongoing UK protection for EU right holders. Therefore, we are not actively encouraging clients to file both UK and EU applications unless those rights are business critical, and 100% certainty is required for UK protection.

If, however, this is something you or your client requires then Vault IP are offering a discount of 20% off our professional fees for filing simultaneous UK and EU applications for the same trade mark or design. If this is of interest for you, or your clients, please get in touch.