EU 04 Oct 2017
UPDATE 2020-02-14. We now know more about the process after Brexit. Please read the updated information: How Brexit effects your EU trademarks.
In view of the fourth negotiation round with the UK, EU has on September 21st published a paper setting out the EU’s position regarding how existing intellectual property rights should be treated in agreements when UK is departing from EU. By this paper, EU wants to protect your IP rights and reduce uncertainty for post Brexit.
Today, the EU’s position regarding community trademarks, geographical indications, unregistered designs, registered designs and patents is in short:
* A holder of any intellectual property right having unitary character within EU and granted before the withdrawal date should, after that date, be recognized as the holder of an enforceable intellectual property right in the United Kingdom.
In the specific case of protected geographical indications, protected designations of origin and other protected terms in relation to agricultural products that are protected before the withdrawal date, this principle should also imply that the UK puts in place the necessary domestic legislation providing for their continued protection.
The implementation of this principle should not result in any financial costs for the holder or at least that such costs be kept to a strict minimum.
* Procedure-related rights in relation to an application having unitary character still pending, should be entitled to keep the benefit of any priority date in respect of such pending application.
* After the withdrawal date, a person should continue to be entitled to obtain a supplementary protection certificate or an extension of the duration if submitted a patent application before the withdrawal date.
* Databases protected in the EU and the UK before the withdrawal date continue to enjoy protection after that date.
* Exhaustion of rights before the withdrawal date remain exhausted in both EU and UK.