There is currently uncertainty about how and when the UK will leave the EU. If there will be a soft Brexit, many intellectual property issues are dealt with in a predictable way in an agreement between the EU and the UK.
However, a hard Brexit – and the risk for this it has increased lately – may have important implications for your intellectual property strategy in the short term. First and foremost, EU trademarks and EU designs will be affected, while patents are not affected in the same way. The existing European cooperation on patents (EPO) is not regulated by EU law and is therefore not affected by Brexit.
The UK has stated that granted EU trademarks and EU design (so-called RCDs) will be transformed into national rights in the event of a hard Brexit. Special rules may apply to applications submitted but not granted at the time of Brexit.
Noréns monitors the development and can assist with advice on these issues. March 26, 2019
