Draft Agreement on Brexit and its impact on IP rights

 

The EU and UK have released on 19 March 2018 a Draft Agreement on Brexit, including the impact on IP rights. You can find this draft here, in particular see Title IV Intellectual Property, Articles 50-57, pages 36-40.

 

In a nutshell, the EU and UK have agreed on the following principles:  

(i) Holders of EU trademarks, Community designs, and Community plant variety rights which are registered before December 31, 2020 will, without any re-examination, become the holder of a comparable registered and enforceable IP right in the UK (a “cloned” UK right).  

(ii) Holders of EU trademark applications, Community designs, or Community plant variety rights which are still pending on December 31, 2020 will have a 9 month priority right to file a corresponding UK mark or UK design or a 6 month priority right to file a corresponding UK plant variety right.  

(iii) The “cloned” UK mark cannot be revoked if the corresponding EU mark would not have been genuinely used in the UK before 31 December 2020.

(iv) The holder of a reputed EU mark will be able to exercise equivalent rights in the UK with regard to the “cloned” UK mark until 31 December 2020.

(v) For applications for Supplementary Protection Certificates (SPCs) or extensions thereof that are still pending on 31 December 2020, the EU Regulation will remain applicable and the same level of protection will be provided.

 

No information as to the costs to the rights holders is yet available.

 

For further information or assistance, please contact GEVERS at trademarks@gevers.eu !