While political uncertainty continues to cloud the manner and timing of Brexit, the position on intellectual property (IP) rights remains as previously advised.
Below is a summary of the current UK Government guidance on the likely impact on IP rights:
- European Registered Trade Marks – protection continues and UK rights will be cloned (separate renewal fees will be required). The UK will remain a member of the Madrid Protocol and Paris Convention.
- European Registered Community Designs – protection continues and UK rights will be cloned. The UK will remain a member of the Hague Convention and Paris Convention.
- Pending EU Trade Mark and Community Design Applications – backdated filings possible for 9 months in the event of a no-deal Brexit.
- European Patents – unaffected
- Supplementary Protection Certificates – framework maintained.
- Copyright – largely unchanged due to the UK being a member of the main international treaties on copyright and related rights. The UK will remain a member of the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, the Rome Convention and the WIPO Copyright Treaty.
Tidman Legal is monitoring developments closely but at this stage we do not recommend any immediate action. For further information or advice on how Brexit may impact on your intellectual property portfolio and commercial activities, please contact us.