What happens to patents, trademarks, and designs after the BREXIT? #rolfclaessen

What happens to patents, trademarks, and designs after the BREXIT? #rolfclaessen
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First of all, the BREXIT is only really a problem with EU-wide protected rights such as the EU-trademark or the Community Design as well as designations of the EU in International Registrations as well as Hague Designs.

I have recently conducted and interview on this topic with two experienced UK IP lawyers of HGF in the UK. You can listen to the full interview here:

http://www.ipfridays.com/what-would-happen-to-ip-rights-after-a-brexit-interview-with-david-potter-and-martyn-fish-uspto-fee-adjustments-episode-56-ip-fridays/

Let’s start with the most unproblematic one – patents. Since there is not yet an EU-wide patent protection in force, there is not really a problem with patents. The European Patent Convention als extends to non-EU countries such as Switzerland or Turkey, so that the UK will simply become one of these non-EU countries that are also part of the European Patent Convention system.

However, the planned UPC system, where we could really enjoy near-EU-wide patent protection and which was planned to enter into force in 2018, will likely be postponed.

As for EU-trademarks, these will not be valid in the UK, once the UK really leaves the EU. However, this will not happen very soon. According to Art. 50 of the Lisbon Treaty (if applicable), the exit needs to take place within 2 years. However, in the interview it became clear that reordering all the bilateral and multilateral contracts and treaties and other relationships with other countries may take up to 5 – 6 years. So it is expected that EU-trademarks will stay valid in the UK at least fort he next 2 years.

Once the UK exits the EU, there will very likely be transitional rules that will allow owners of EU-trademarks to somehow revalidate their EU-trademarks in the UK – hopefully maintaining their filing date or priority date. However, this is not certain yet. I cannot guarantee this outcome, but my recommendation would be to wait shortly before the UK really exits the EU and then – if transitional rules are still not clear – file national UK trademarks. However, for the very cautious and anxious trademark owners, it may also be an alternative option to file for UK trademarks now. This advice is also valid for EU designations in International Registrations.

A similar situation is true for design protection. However, designs are not enforceable, if not new when filed. Typically, there is a one year grace period for publications oft he designs by the applicant. So for designs, we may not be able to wait until there is more clarity regarding the transitional rules. Although the probability is very high that there will be transitional rules for designst hat will allow oners of Community Designs to revalidate their designs in the UK preserving the original filing date, it may be a prudent option to file for national UK designs at least for the Community Designs that were filed within the past 12 months. This advice is also valid for EU designations in Hague Designs.

As for Unregistered Community Designs there are not really a transitional rule possible. These will just cease to have effect in the UK, once the UK really leaves the EU.

Please do not hesitate to contact me with any questions you may have.
Contact Rolf at

Dr. Rolf Claessen
Michalski · Hüttermann & Partner
Speditionstraße 21
D-40221 Düsseldorf
Germany

Telephone: +49 211 159 249 0
Facsimile: +49 211 159 249 20
Email claessen@mhpatent.de

http://www.rolfclaessen.com
Keywords: Patent Patents Trademarks Design Patent Attorney Intellectual Property Howto Tutorial Rolf Claessen Patentanwalt BREXIT transitional rules #15 UPC Unified Patent Court Unitary Patent cummunity designs hague designs #17 hague agreement international registrations international registration eu trademarks #17 European Union Trade Mark EUTM CMT Community Trademark UK UK Trademark UK Patent UK Design EPO European Patent Office European Patent Convention

Legalese and Disclaimer

You have been watching a video by Rolf Claessen. The views expressed by the participants of this program are their own and do not represent the views of nor are they endorsed by their respective law firms. None of the content should be considered legal advice. This video should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents of this video are intended for general informational purposes only and you are urged to consult your own patent attorney on any specific legal questions. As always, consult a patent attorney.

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