EU trademarks in case of a hard Brexit – clarifications

brexit-4011711_960_720.jpgThe UK Patent Office published some clarifications what would happen with all European trademarks in case of a hard Brexit without a deal with the EU.

In that case, The UK will recognize all registered EU trademarks and will transform them into national trademarks. They will be indicated with UK009 in front of their EU numbers.

There will be no cost for the relevant owners and as little administrative burden as possible. However, the Patent Office will not issue trademark certifications for them. Information for these marks will be available in the UK trademark database.

When it comes to EU applications for trademarks, their owners will have up to 9 months to file identical applications in The UK. In that scenario, they will use the same priority date from their EU applications.

The full text can be found here.

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An agreement between UK and EU on IPRs

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WIPR reports about a general agreement between the UK and the EU regarding the protection of intellectual property rights after the Brexit transition period which is due to end on December 31, 2020.

According to the published draft of this agreement rights over European trademarks, Community designs, plant variety, and databases will be still valid on the UK territory even after the end of the transition period.

This news is of an utmost importance for all IPRs owners which have been in deep uncertainty until that moment what would happen with their intellectual property after Brexit.

Regardless of this progress, however, many experts still rise different additional questions which aim is to reveal the whole picture. For example, there is no clarity whether some fees will have to be paid for this ongoing protection, or what will happen with geographical indications, which are not part of the agreement, or whether UK attorneys will be able to represent clients before the EUIPO and so on.

Brief IP news

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Information from Intellectual Property Center at the UNWE. More information can be found here

What to happen with EU IP rights after Brexit – the EU Commission’s proposal

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The European Commission issued a proposal what to happen with the different EU intellectual property rights after Brexit.

In brief the Commission’s proposal is as follow:

The holder of any intellectual property right having unitary character within the Union and granted before the withdrawal date should, after that date, be recognised as the holder of an enforceable intellectual property right in relation to the United Kingdom territory, comparable to the right provided by Union law – if need be on the basis of specific domestic legislation to be introduced.
In the specific case of protected geographical indications, protected designations of origin and other protected terms in relation to agricultural products (traditional specialities guaranteed and traditional terms for wine) protected under Union law before the withdrawal date, this principle should also imply that the United Kingdom puts in place, as of the withdrawal date, the necessary domestic legislation providing for their continued protection. Such protection should be comparable to that provided by Union law.

The implementation of this principle should include, in particular,the automatic recognition of an intellectual property right in the United Kingdom on the basis of the existing intellectual property right having unitary character within the Union.

Where applicable to the relevant right, the implementation of this principle should also
include:

  • the determination of the renewal dates;
  • the respect of priority and seniority principles;
  • the adaptation of ‘genuine use’ requirements and ‘reputation’ rules to the specific situation under consideration.

The implementation of this principle should not result in financial costs for the holders of intellectual property rights having unitary character within the Union. Any related
administrative burden for such holders should be kept to a strict minimum.

Applications for Intellectual property rights having unitary character within the Union. Where an application for an intellectual property right having unitary character within the Union has been submitted before an Union body in accordance with Union law before the withdrawal date and the administrative procedure for the grant of the right concerned is still on-going on that date, the applicant should be entitled to keep the benefit of any priority date in respect of such pending application when applying after the withdrawal date for an equivalent intellectual property right in the United Kingdom.

More Information can be found here.

 

Brief IP news

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3. IP and BREXIT: The facts. For more information here.

Information from Intellectual Property Center at the UNWE. More information can be found here