In accordance with the Withdrawal Agreement concluded between representatives of the EU and the UK on January 24, the UK will leave the EU as from 1 February 2020.
After January 31, 2020 there will be a transitional period until December 31, 2020 where the parties are negotiating about a new trade agreement. During this period, EU law still applies in the UK, and your intellectual property rights are not affected. If the parties have not agreed on a new agreement, on January 31, 2021, it will be the day of what is called a “hard Brexit”, i.e. exit without any bilateral trade agreement.
The UK has stated that registered European design and trademark rights will be transformed into national rights in the UK even in the event of a hard Brexit. Special rules may apply to applications submitted but not granted at the time of Brexit.
The existing European cooperation on patents (EPO) is not regulated by EU law and is therefore not affected by Brexit.
Noréns monitors the development and can assist with advice on these issues.
