EU 27 Aug 2020

Effects after Brexit of your Design in the EU

The United Kingdom has now decided how international design registrations designating EU will continue to be protected in the United Kingdom. The rules correspond to the regulations for EU design established since last spring. The rule changes will take effect on 1 January 2021.

Groth & Co will take the necessary actions for our clients and associates.

International registrations (The Hague Agreement) designating EU
Based on an EU designation of an international registration will, as of 1 January 2021, be created a national UK registration or application in the same way as EU registrations and EU-applications.

The EU designation will of course continue to apply in the remaining EU countries.

Registrations
On 1 January 2021, based on existing approved EU designations, a corresponding national UK registration will automatically be created. The national registration will retain the application date, any noted priority date, registration date and renewal date of the EU designation. The registration will be allocated a new national registration number.

Registrations that are deferred on 1 January 2021 will be treated as applications as below.

Applications
Based on EU applications pending on 1 January 2021, it will during a period of nine (9) months be possible to apply for registration of a corresponding national UK design. The national application will retain the application date and any noted priority date of the EU designation. It will be allocated a new national application number.

Renewals
Upon renewal of an EU designation with a renewal date before 1 January 2021, the renewal will take place within the framework of the international registration and on 1 January 2021 a new national UK registration is automatically created as described above. In case of renewal of an EU designation that has a renewal date from 1 January 2021, the EU designation and the new national UK registration that was created on 1 January 2021 must be renewed separately.

 

The Hague system
The Hague system offers centralized management of industrial designs through a single application and allows an applicant to register up to 100 patterns in over 90 member states including the European Union. Thus, it offers a cost effective and smooth way to get protection in many markets. You are granted corresponding legal protection as if the designs were filed directly with each national office

Please contact your consultant or send an e-mail to if you have any questions.

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