European Commission: EU trade marks and designs need to be protected in the United Kingdom following Brexit
At the end of January, the EUIPO (European Union Intellectual Property Office) and the European Commission issued a warning that EU trade marks and designs would not be protected in the United Kingdom following Brexit. Now the European Commission is trying to correct that problem in their draft of the withdrawal agreement between the United Kingdom and the European Union, which was published on 28 February 2018.
In the draft withdrawal agreement, the European Commission suggests that EU trade marks and designs should enjoy similar protection in the United Kingdom after Brexit. EU trade marks and designs transferred to the British system will therefore maintain their priority and content from the EU system.
According to the proposal, the transfer to the British system is to take place without additional fees and costs for the holders of the rights. In the United Kingdom, the transfer is to be handled by the relevant authorities in cooperation with the EUIPO and the European Commission.
Furthermore, it is proposed by the European Commission in the draft agreement that the United Kingdom must protect unregistered EU designs and afford them at least the same protection as hitherto.
Accordingly, the European Commission has attempted in the draft agreement to safeguard the interests of the rights holders in the best possible way. If the draft agreement becomes a reality, the holders of the rights will save time and money, and will avoid having to file a new application for protection of their rights in the United Kingdom.
What next?
Once accepted by the European Union, the draft agreement will be subject to further negotiations in the United Kingdom.
The final content of the withdrawal agreement is therefore still unclear, so we recommend that enterprises having their primary activities in the United Kingdom consider whether to file in the United Kingdom a national application for protection of their rights.
Kromann Reumert will follow the negotiations closely and will keep you updated on the progress. If you have any questions or need an assessment of your rights, please do not hesitate to contact us.
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