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Brexit and IP – updated overview

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This article is an updated version of a previous Brexit related article which takes into account the UK’s revised date for leaving the EU.

Following an extension agreed by EU leaders back in April, the UK is now expected to leave the European Union on 31 October 2019. The UK’s departure from the EU may have an effect on your Intellectual Property Rights. This article is designed to briefly set out those potential changes.

“Exit Day”

There is a key ‘switch-over’ date for IP, which is referred to here as “Exit Day”. The exact date of Exit Day will be different depending on the manner in which the UK leaves the EU.

In the event of a “No Deal” Brexit, where a Withdrawal Agreement has not been agreed by both sides, the UK will leave the EU without any transition period and Exit Day will be the end of the Article 50 period. Currently the end of the Article 50 period is 31 October 2019, though this date could potentially be extended again if there is still no agreement by that date.

If the Withdrawal Agreement is agreed by the EU and ratified by the UK, this provides for a transition period during which the UK will no longer be part of the EU, but will still be bound by EU rules. In this scenario ‘Exit Day’ is the end of this transition period (the end of December 2020 at least though potentially this date could also be extended).

References to “Exit Day” below should therefore be read as encompassing either the “No Deal” exit day or the exit date at the end of the transition period.

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Misleading Invoices: The Brexit Edition

brexit-1481028_1920In April 2019, the EU agreed a second delay to the UK’s departure from the EU and set a new departure date of 31 October 2019. Following EU leaders’ talks about the new Brexit delay, President Donald Tusk told the UK: “Please don’t waste this time”.

A couple of months on from Tusk’s press conference the UK appears to be doing everything it can to ignore that request as we watch the Conservative Party continue to tear itself apart by holding a leadership contest and the Labour Party leader continue the party’s policy of constructive ambiguity as far as its Brexit policy is concerned.

Although the UK political parties and most of the country seem to be gripped by an ongoing Brexit paralysis (#JustMakeItStop), one group of people have been quick off the mark hoping to cash in on the uncertainty around Brexit.

Yes, misleading IP related invoices are back and this time the companies sending the “invoices” are hoping to persuade their recipients into parting with their hard earned cash by paying for totally unnecessary UK trade mark and design registrations. (more…)

Brexit and IP – an overview

brexit-1481028_1920The UK is shortly expected to leave the European Union, which may have an effect on your Intellectual Property Rights. This article is designed to briefly set out those potential changes. (more…)

Brexit – No Deal & IP

brexit-1481028_1920Previous articles on IPcopy have briefly discussed the possibility of how a “No Deal” Brexit will affect trade marks and designs. Since the UK is fast approaching the 29 March 2019 deadline for leaving the EU without a satisfactory deal in sight, we have highlighted the UK government’s plans for trade marks and designs in the event of “No Deal” in more detail. (more…)

United in Europe

In June 2016 the UK voted to leave the European Union, raising many questions around EU Trade Marks and Community Designs, as well as representation rights before the EUIPO.

Keltie’s “United in Europe” video below highlights our response to Brexit. (more…)

Brexit and IP – looking ahead in 2018

IMG_8533Following the UK’s EU referendum and the triggering of the Article 50 notification, the UK is currently scheduled to leave the European Union on 29 March 2019. Until the final arrangements between the UK and the EU are known there is widespread uncertainty in a range of areas including the intellectual property system within the UK.

For example, a particular IP related area of concern is what will happen in respect of EU Trade Marks (EUTMs) and Registered community designs (RCDs) post-Brexit. Without arrangements to the contrary it is unlikely that such EUTMs and RCDs will continue to cover the UK post-Brexit. [However, it is noted that it is completely within the UK’s ability to arrange for the implementation of an equivalent UK trade mark or design right to mirror the EU right. As such, holders of EUTMs and RCDs should expect that, even if arrangements are currently unclear, it is highly likely that the UK will announce the mechanism for continued protection in due course.]

As the UK and the EU move into the next phase of the Brexit negotiations IPcopy thought that this would be a good opportunity to recap how the referendum result impacts the IP world, what the current official announcements are and what action IP right holders can consider taking now. (more…)

The only alternative to the EU is chaos? Brexit and trade marks/designs discussed at the CIPA Symposium

GB+EU flagThe European Council president Donald Tusk suggested recently that Brexit could bring chaos. Does this doom laden warning extend to the world of IP?

In an earlier post we covered the discussion at the CIPA Symposium on Brexit as it related to the unitary patent system (summary: Brexit probably won’t be good for the unitary patent). In this post we recap some of the issues discussed in the sessions on general legal implications of withdrawal from the EU, the impact on European trade marks and Community registered designs and some wider implications of Brexit. (more…)