Brexit is here, the UK’s exit from the European Union is imminent and with it many questions about what will happen.
Although the exit is effective on February 1, 2020, as regard to Industrial Property rights, the key date will be December 31, 2020, the date on which the so-called “transition period” will end. Until then, European Union legislation regarding the protection of Industrial Property will remain in force for the United Kingdom.
In this article we are going to shed some light in regards to Industrial Property rights.
Patents
The scenario regarding the protection of inventions remains intact. The United Kingdom maintains its system for the protection of inventions through national patents and continues to be part of the rest of the international agreements signed to date in this field, among which are: The PCT (Patent Cooperation Treaty) and the European Patent Convention( EPC).
It never hurts to remember that the European Patent Convention is an international agreement not subject to the legislation of the European Union. This agreement far exceeds the territorial scope of the European Union. It is currently signed by 38 countries and its protection can be extended through validation agreements to countries such as Morocco or Cambodia. So, despite its name, the European Patent is not a figure subject to the regulations of the European Union.
In conclusion, in what it refers to patent rights, everything remains the same.
Trademarks
Trademarks with effect in the United Kingdom can be divided into two types:
A. Trademarks in the United Kingdom and International trademarks designating the United Kingdom.
These rights are not going to be affected at all.
B. Trademarks of the European Union and International Trademarks that designate the European Union.
These trademarks are the ones that will suffer the effect of Brexit, which will affect them differently depending on whether by the key date of December 31, 2020 these registrations are granted or are still pending.
♦ Granted rights
The United Kingdom will proceed to issue titles equivalentto those already registered within the framework of the European Union. These titles will not have an additional cost to holders, and the application dates, priority will be maintained… corresponding to them.
♦ Pending cases
For the cases that are still pending December 31, 2020it will be necessary to file an equivalent application in the United Kingdom to qualify for protection in that territory. This will imply management and representation expenses for applicants. Of course, the date of application will be respected, that of submission to the EUIPO (Office of Intellectual Property of the European Union). The deadline for submitting these new applications in the United Kingdom will be 9 months.
Designs
We find a practically identical situation to that of the brands.
A. Designs in the United Kingdom and International Designs that designate the United Kingdom
These rights are not going to be affected at all.
B. European Union Designs and International Designs that designate the European Union.
All of the above already mention for trademarks apply here. Of course, we must bear in mind that the processing times in the case of designs are infinitely shorter than for brands. In fact, a European Union design can be granted in just 1 or 2 days after its request if no formal defects are detected in the application. Therefore, it will be relatively easy to prevent a European Union design application from being processed on December 31, 2020, if we have planned our protection strategy well.
Brexit is here and 2020 will be a year to update our portfolio of trademarks and designs. We must plan our protection strategy for the moment of truth, December 31, 2020.
