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Implication of Brexit on intellectual property rights

Kochański & Partners Sp. K.

  • Agregado 18 diciembre 2020
  • ·

EU IP law will continue to apply in the UK until the end of the transition period on 31st December 2020. From 1st January 2021, the intellectual property landscape across the EU and UK will look very different.

 

The primary change is that harmonised IP rights currently covering the entire EU, including the UK, will continue to provide protection only in the EU27 countries.

 

An important point for EU Trademark (‘EUTM’) holders to note is that existing EUTM registrations will cease to have effect in the United Kingdom after 31st December 2020. The UK element will be automatically ‘cloned’ (from the registered EUTM) into a UK national trade mark with the same filing and priority dates as the EUTM. The result will be that trade mark owners will have two registered trade marks where they previously had one: an EUTM covering the 27 EU countries and a national trademark covering the UK.

 

EUTMs pending on 31 December 2020 (i.e. EUTM applications) will not be cloned. Instead, the rights holder will have until 30 September 2021 to file an application for a UK national mark with the same filing and priority dates as the EUTM (provided the UK application corresponds with the EUTM application). Rights holders should make a careful note of this date to ensure it is not inadvertently missed.

 

Read more: https://www.kochanski.pl/en/implication-of-brexit-on-intellectual-property-rights/