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IMPACT OF “BREXIT” ON EU REGISTERED INTELLECTUAL PROPERTY RIGHTS

After the UK’s departure from the EU, following the ratification of the Withdrawal Agreement on 31 January 2020, the fate of the intellectual property rights which have been registered in the EU has raised high concern. As a response, the UK Intellectual Property Office (UKIPO) has published a short memorandum about the transition period. It will begin on 1 February 2020 and expire on 31 December 2020. According to the memo, the EU system concerning the IP rights and EU law will continue to be in force during the transition period. The key points for each IP right are pointed out as follows:

EU Trade Marks
Existing Trade Marks: During the transition period the EU trademark (EUTM) system will continue to be in force.
No-Regulation Assurance: As regulated under the Withdrawal Agreement UK will not create any equivalent IP right before the end of the transition period.
Pending Applications: If at the end of the transition period an application for a UETM is pending, applicants will have a chance to apply for a UK trademark within nine months from the end of the transition period.

Community Designs (RCD)
Registered Community Designs: During the transition period, the EU registered community design (RCD) system will continue to be in force.
No-Regulation Assurance: As regulated under the Withdrawal Agreement UK will not create any equivalent IP right before the end of the transition period.
Pending Applications: If at the end of the transition period an application for a registered community design is pending, applicants will have a chance to apply for the UK registered community design within nine months, starting at the end of the transition period.

Unregistered Designs
Designs Disclosed Before The End Of The Transition Period: During the transition period, unregistered designs (both two and three-dimensional designs) which are disclosed in the UK or an EU member state will be automatically protected. This protection includes protection from copying for three years.
Designs Disclosed After The End Of The Transition Period: These designs may also be protected in the UK via the supplementary unregistered design which will provide three years of protection.

Patents
Since the European Patent Office (EPO) is not an EU agency, BREXIT will not affect the status of the existing patents. EPO covers the protection of patents in more than 30 countries.

Supplementary Protection Certificates (SPCs)
Existing SPCs: During the transition period the current system will continue to be in force. Therefore, for patented pharmaceutical and plant protection products applicants could apply and will be granted SPCs according to the current system.
After the transition period: Since SPCs are not peculiar to Europe but rather with a national character, no assurance is needed to prevent the creation of the equivalent rights. Therefore, the protection towards SPCs will be as it was before.
Pending Applications: As regulated under the Withdrawal Agreement, pending SPC applications will be evaluated according to the existing system and if approved, SPCs will provide the same protection as the current SPCs.

Copyright
Copyright Works: Protection for copyright works is regulated under the international treaties on copyright. Therefore leaving the EU will not affect the current system. However, it must be noted that like all the international treaties, copyright treaties might change depending on the future relations between the UK and EU.
Database Rights: As regulated under the Withdrawal Agreement, database rights will be protected even after the end of the transition period both in the UK and EU for the rest of their duration.

International Registrations Designating the European Union
During the Transition Period: International registrations for trademarks and designs will continue to be in force in the UK.
After The Transition Period: As regulated under the Withdrawal Agreement, protection regarding the international registrations for trademarks and designs will continue to exist.

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