EU trademarks & IP rights will still apply in UK under Brexit Deal

Under the pending Brexit deal between the two sides, EU trademark and design rights holders will keep their intellectual property protections in the UK.

Trademarks, community designs, and plant variety protections granted by or registered in the EU would continue to get the same level of protection under UK law, according to the agreement. The UK also wouldn’t charge EU intellectual property holders to register their rights in the country after it leaves the bloc.

The agreement, which EU and UK leaders approved Nov. 25, offers a glimpse into the future of intellectual property laws and fate of rights holders in the UK if that country’s parliament ratifies it.

Geographical indications, which are words that suggest a product was made in a particular place, under EU law would get comparable protection in a post-Brexit UK But the UK won’t honor geographical indications, designation of origin, or traditional terms for wine after their EU rights run out or when such rights are part of pacts signed by the EU with countries outside the bloc.

The agreement states that renewal dates for trademarks and design rights for goods and services in the UK will follow those set under EU law. Filing or priority dates of those trademarks will be the same as those set as per EU regulations.

EU law protects unregistered community designs, which protect product shapes and embellishments, for three years after the design is publicly disclosed. The UK would honor such designs through at least the time remaining in that three-year window, under the agreement.

According to an article on bloomberglaw.com, the UK has said it wants to be part of the upcoming patent system that will cover most of the European Union after Brexit is finalized. In April, it ratified an agreement on the system that would create a single patent right covering most of Europe, along with a new Unified Patent Court to rule on disputes relating to the new patents.


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