Indelible IP are exhibiting at the Shell Store Open House & Networking Event in Hereford on 7 March 2024 alongside a number of other businesses providing services in Herefordshire and the surrounding areas.
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On 24 September 2018 the UK Intellectual Property Office published its guidance on what will happen to EU intellectual property rights in the event of a No Deal Brexit.
For the owners of EU trade mark and design rights this has been the cause of great concern. Whilst the draft withdrawal agreement includes provisions for the continued recognition of existing registered EU rights in the UK at the point of exit, the position had been less clear in the event of no deal. EU registered trade mark and design owners can now feel reassured that the UK Government has stated its intention to clone EU rights onto the UK Register in the event of a no deal Brexit to provide ongoing protection in the UK.
The position is not as favourable for any pending trade mark applications or design applications at the point of Brexit, but a nine-month period would be allowed for corresponding applications to be filed in the UK to retain filing dates and claims to priority.
The UK Government has also expressed an intention to continue to recognise existing unregistered Community designs in existence at the point the UK leaves, as well as the creation of a new unregistered design right for the UK that will mirror the characteristics of the existing EU right.
The precise mechanisms to undertake all of this will still raise a number of questions, and it is recommended that those with any concerns get in touch to obtain more detailed advice on steps that might be advisable now to prepare for Brexit.
If you have any questions about your IP rights post-Brexit, and the steps to take now, please get in touch at info@indelibleip.co.uk or on 01600 860292.