The Government has published new guidance on intellectual property and how it will change after the end of the Brexit transition period.
With less than two months to go, the updated information aims to support rights-holders to ensure the “smooth departure” from European Union IP systems.
According to the guidance, the key changes and considerations include:
- The use of EU representatives, as UK attorneys will be unable to represent clients on new applications or new proceedings at the EU Intellectual Property Office (EUIPO). UK legal representatives can continue to represent their clients before the EUIPO in cases that are ongoing at the end of the transition period
- The IPO is considering making changes to the rules on correspondence addresses (‘address for service’ – AfS) at the end of the transition period
- Comparable UK trade mark and design rights will be created at the end of the transition period under the terms of the Withdrawal Agreement
- Re-registered UK designs will be created at the end of the transition period under the terms of the Withdrawal Agreement
- International trade marks and designs designating the EU will continue to have protection in the UK under the terms of the Withdrawal Agreement
- From 01 January 2021, a supplementary unregistered design (SUD) will become available in UK law. Unregistered community designs that arise before the end of the transition period will continue to be protected in the UK for the remainder of their three-year term through continuing unregistered designs, and
- As the European Patent Office (EPO) is not an EU agency, leaving the EU does not affect the current European patent system. Existing European patents covering the UK are also unaffected.
To further support businesses ahead of the end of the transition period, the Government is also hosting a free-to-attend commercial webinar on intellectual property, covering changes to the registration of EU trade marks and designs and how parallel trade with the EU will change from 01 January 2021. Click here to register your interest.
Do you need intellectual property support? For help and advice, please get in touch with our expert team today.