Brexit starting pistol triggered: what does this mean for you?

Brexit

Prime Minister Theresa May has pulled the trigger on the Brexit starting pistol. Pursuant to Article 50 of the Treaty on the European Union, this begins a two year notice period following which, unless there is an extension or the request is withdrawn, the UK will no longer form part of the EU. We look at the current implications of Brexit on your intellectual property.

What will change? 

  • Nothing will change until March 2019, possibly longer.
  • The UK will remain part of the European patent system.
  • Tidman Legal will continue to file and prosecute European patent applications at the European Patent Office (EPO).
  • Tidman Legal will continue to file and prosecute EU Trade Marks before the European Union Intellectual Property Office (EUIPO).
  • We expect that provisions will be adopted to ensure that existing EU Trade Marks and Community Registered Designs will be enforceable in the UK.

How will Brexit affect my intellectual property?

European Union Trade Marks 

  • When the UK leaves the EU, EU trade marks will no longer have effect in the UK. We expect that legislation will be adopted which ensures that existing EU trade marks remain effective in the UK.
  • For new trade mark applications, we recommend filing in the UK and the EU to guarantee continued protection.
  • Leaving the EU will not affect UK trade marks registrations.

Community Registered Designs

  • When the UK leaves the EU, Community Registered Designs will no longer have effect in the UK. We expect that legislation will be adopted which ensures that existing Community Registered Designs remain effective in the UK.
  • For new design applications, we recommend filing in the UK and the EU to guarantee continued protection.
  • Leaving the EU will not affect UK design registrations.

Patents 

  • There will be no change for the filing and prosecution of patent applications at the EPO.
  • There will be no change for patent protection in the UK, including validation and renewals procedures.
  • The EPO is independent of the EU, which means the UK will continue to be a member of the European Patent Convention when it leaves the EU.
  • Tidman Legal will continue to handle Unitary Patent applications at the EPO. The Unitary Patent Court is expected to be operational by the end of 2017.

What should you do now?

For intellectual property rights holders, it is still business as usual. Tidman Legal will continue to file and advise on European patents before the EPO, EU trade marks and Community Registered Designs before the EUIPO. The only change in IP strategy we recommend is to file UK applications for trade marks and designs to guarantee continuity of protection. Consideration should also be given to any agreements making reference to the EU.

If you would like to discuss the strategic implications of Brexit, contact Tidman Legal. We will offer advice on how best to safeguard your business going forward.

Tidman Legal is a firm of specialist intellectual property lawyers based in Edinburgh, Scotland.