Home » Designs » Brexit update: Business as usual

Brexit update: Business as usual

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.

Privacy Policy

IPcopy’s Privacy Policy can be viewed here.

brexit-1481028_1920Nothing over the last few weeks has done anything to dispel the uncertainty that hangs over Brexit. Parliament emphatically rejected the proposed EU withdrawal agreement on 15 January and the last week has seen a number of proposed amendments* to the withdrawal agreement defeated. There are now only around 50 days until Brexit and the UK’s position hasn’t changed much since Article 50 was triggered nearly two years ago….

As a result it remains to be seen whether EU trade marks and designs will benefit from the managed Brexit and the transition period that a withdrawal agreement would offer. The alternatives appear to be the cliff edge of a “no deal” (or “WTO Brexit”), or a second referendum in the UK that could lead to no Brexit at all (though Labour’s reluctance to engage with this option means that in IPcopy’s view the chances of a second vote seem to be receding all the time). To allow time for further consideration it is also possible that the UK’s departure from the EU will be delayed beyond the expected date of 29 March 2019, though this would require the agreement from the remaining EU-27.

As regular readers of this blog will know, IPcopywriters work at Keltie and, regardless of the Brexit outcome, one thing is certain: there will be no disruption in how Keltie represents its clients before the EUIPO. Since September 2016, Keltie has been open for business in the Republic of Ireland, which will remain an EU member state. Keltie has a partner-led group of professionals resident full-time in Ireland and a wider group of attorneys who handle EUIPO cases from both Ireland and the UK.

On 16 January, the UKIPO published further guidance on the treatment of IP post-Brexit, which can be read here.

Further clarification was given with the following guidance on the treatment of trade marks and designs in the event of there being no Brexit deal. Click here to view the guidance.

In any scenario, including one which does not involve a deal between the UK and the EU, the UK Government will seek to minimise disruption for business and to provide for a smooth transition. In particular, UK government policy is that pre-existing EU trade mark and design rights will remain effective in the UK even in the event of “no deal”. The Government continues to look at various options and is discussing the best way forward with users of the system.

For now Keltie’s recommendation is that clients intending to file EUTMs and with important interests in the UK should file both UKTMs and EUTMs in parallel. Similarly, clients intending to file registered community designs (RCDs) should consider parallel RCD and UK registered design filings.

If you have any concerns relating to the impact of Brexit on European IP rights, please contact your patent or trade mark representative or drop us a line. We will answer any questions you have regarding Brexit and, of course, IP in general.

Charlotte Wilding 5 February 2019

*As noted by many people online last week, the names of the various amendments had the air of cheap airport thrillers about them….“The Malthouse Compromise” …coming soon to all good bookshops

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 )

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: