Home » Designs » Brexit and IP: EUIPO Q&A document

Brexit and IP: EUIPO Q&A document

Keltie LLP

K2 IP Limited

About IPcopy

IPcopy is an intellectual property related news site covering a wide variety of IP related news and issues. We will also take the odd lighthearted look at IP. Feel free to contact us via the details on the About Us page.

Disclaimer: Unless stated otherwise, the contributors to IPcopy (the "IPcopy writers") are patent and trade mark attorneys or patent and trade mark assistants at Keltie LLP or are network attorneys at K2 IP Limited. Guest contributors will be identified.

This news site is the personal site of the contributors and is not edited by the authors' employer in any way. From time to time however IPcopy may publish practice notes, legal updates and marketing news from Keltie LLP or K2 IP Limited. Any such posts will be clearly marked.

This news site is for information purposes only. Information posted to this news site is not legal advice and should not be taken as such. If you require IP related legal advice please contact your legal representative.

For the avoidance of doubt Keltie LLP and K2 IP Limited have no liability as to the content of IPcopy and any related tweets or social media posts.

brexit-1481028_1920The EUIPO has recently published a Q&A document relating to the impact of Brexit on EU trade marks (EUTMs) and registered community designs (RCDs). This document was effectively the third publication on the impact of Brexit on Intellectual Property after the EU Commission’s position paper last year and the EUIPO’s notice which was published in December 2017 (and updated in January 2018).

Aside from a brief mention about intellectual property in the PM’s recent Road to Brexit speech and a short reference in an “Other Separation Issues” document, the UK government on the other hand has not issued any official statements on its intellectual property plans post-Brexit. As previously mentioned on IPcopy this is an unfortunate state of affairs and we would hope a more detailed statement will be forthcoming in the relatively near future.

The EUIPO Q&A document sets out the impact of a no-deal scenario on EUTMs and RCDs. While it is useful to see the potential impact of such a Mad Max style outcome it is noted that the document does not exactly go out of its way to acknowledge that some of the post-Brexit IP issues are entirely within the UK’s ability to address (see for example footnote 6 which deals with continuity of protection in the UK of EUTMs).

The Q&A document also seems on occasion to state as fact certain issues that may be open to debate. In particular Question 29 which relates to unregistered Community designs suggests that an initial disclosure of a design in the UK post Brexit means that the design will not be protected as an unregistered Community design. Although there is a decision in a German Federal Court that first disclosure needs to be within the EU it is IPcopy’s understanding that this may not necessarily be the position across the whole EU and the CJEU has not dealt with this issue.

Mark Richardson 14 March 2018


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: