From 1 January 2021, the Brexit transitional period will end and trade marks and design rights in the United Kingdom will be separated from trade mark and registered Community designs rights in the European Union. Right holders will have 9 months, ending 30 September 2021, to apply for a UK trade mark or UK design. design registration in the EU (or elsewhere) and vice versa. There will be transitional provisions for applications and proceedings that remain pending on 1 January 2021, and the changes will not apply to comparable re-registered designs (ie those extracted from a Registered Community Design) until 2024. The quality of the representation is paramount to your design protection. (108995)”. Are license agreements affected by the Brexit? In short, if an EU Registered Community Design (RCD) was issued and active as of December 31, 2020, a corresponding UK registered design right will be created automatically, free of … As a result of Brexit, the pan-European Registered Community Design (RCD) is no longer enforceable in the UK. Any EU registered design (registered Community design, or "RCD") that was on the RCD register and published immediately before Brexit Day will be treated on and after Brexit Day as if it had been granted as a UK registered design. However, the political developments should be followed closely. The new equivalent UK registered design will be treated as if it had been applied for and registered … Disclosure must take place within EU territory to create an unregistered Community design … Without legislation to adjust the UK’s position, designers may: The equivalent UK registered designs will be treated as though they were applied for and granted under UK law and will be subject to UK renewal. and in case of a no-deal BREXIT, a UK trademark or design shall be created automatically and presumably free of charge as a mirror image of the European Union trademark or Registered Community Design. However, now the Brexit transition period is over, such registered and unregistered design … EU design rights The position in relation to the acquisition and enforceability of EU design rights (known as registered and unregistered Community designs) in the UK following Brexit is more complicated. Registered community designs (RCDs) ... UK Government will implement transitional provisions to convert the UK element of an existing RCD into a UK national Design Registration; 3) after Brexit a separate UK national Design Registration may need to be filed in parallel with any RCD. There will be no fee for the creation of any such UK right. As the refiled design will be treated as having the same application date as the Community design this should avoid any issues regarding lack of novelty or individual character. BREXIT: Community Designs. The usual application fees in respect of such applications must be paid to the UK IPO. Fashion houses and clothing companies used to enjoy protection in both the United Kingdom and the 27 European Union member countries under Registered and Unregistered Community Designs. Are license agreements affected by the Brexit? Post-Brexit, UK designers who are looking to maintain the novelty of their designs in order to apply for a Community registered design right may have to alter their behaviour by ensuring that their designs are launched first in the EU. In practical terms, the quality of the graphical representation must allow your design to be reduced or enlarged to a size no greater than 8 cm by 16 cm for entry in the Register of Community Designs and for publication in the Community Designs Bulletin. What is going to happen to registered trade marks and Community designs? The UK left the European Union on 31 January 2020 and we are now coming to the end of the withdrawal transition period. Now that the Brexit transition period is over, newly-filed EU Community Registered Designs will no longer provide registered design protection in the UK. The European Union Intellectual Property Office (EUIPO) in January 2018 published a Q&A document titled “Impact of the United Kingdom’s withdrawal from the European Union on the European Union trade mark and the Community design” which discusses the EUIPO’s view of the potential legal effect of Brexit on EU registered trade marks (EUTMs) and registered Community designs. the right to file a corresponding UK design application within 9 months from the end of the transition period, that is by 1 October 2021, while retaining the earlier filing and priority dates of the Registered Community Design or International application. Currently, the Hague Agreement route for design protection in the UK can only be used by designating the EU (Registered Community Design). European Union Design Registrations that were Issued and Active as of December 31, 2020. This new equivalent right will come into force upon Exit, with minimal administrative burden on the right holder.

This article pulls together the implications for design right owners should the UK leave the EU without a deal. The EU’s position regarding Community For registered design protection, as with many areas of law, the advice in relation to Brexit has changed at various points since the referendum result was announced back in June 2016. A right holder with an existing registered Community design will have a new UK equivalent right. In both cases a loss of rights cannot occur. Re-engaging with your design filing strategy and adapting it to the post-Brexit legal … Secondly, any EU Registered Community Designs that have been filed but have not yet been published by 1 st January 2021 can be re-filed as a UK Registered Design and will benefit from the same filing (and priority) date as the EU Registered Community Design application. We run through the scenarios for Registered Community Designs, Community Unregistered Designs and for International Design Registrations, and provide practical guidance in the tables, below. This brings significant changes to design law in the United Kingdom and European Union, relevant to all owners of Registered Community Designs and United Kingdom Registered Designs. New applications filed in the UK IPO from 1 January 2020 will need to comply with the new regime. Such designs will be known as a "Re-registered design". Client Information | February 2019 Ian Murry MP., asked the Secretary of State for Business, Energy and Industrial Strategy, “What actions his Department has taken to ensure that owners of registered and unregistered community design rights maintain that protection when the UK leaves the EU. From 1 January 2021, the Brexit transitional period will end and trade marks and design rights in the United Kingdom will be separated from trade mark and registered Community … Post-Brexit changes will affect both Registered Community Designs and Unregistered Community Designs in the UK. This applies to (unregistered) Community Design Rights, Registered Community Designs, and international registrations designating the EU. NB With registered Community designs there is a possibility that the refiling will be outside the one year grace period from first public disclosure. Views Extracted registered rights will also maintain the application and registration dates of, and the same claim of priority as, its parent existing right. After Brexit, Registered EU Community Designs (RCDs), Unregistered Community Designs (UCDs), and protected international trademark and design registrations designating the EU will no longer be valid in the UK but these rights will be immediately and automatically replaced by UK rights. BREXIT – UPDATE: Effects on EU trademark and/or Community design The Brexit and the question whether there will be a deal between the United Kingdom (UK) and the EU has been postponed until end of October 2019 at the latest, while the EU has agreed to both possible choices, the UK leaving at an earlier date as well as to remain. Brexit – European trade marks and registered Community designs Share After a few false starts, back-stops, a transition period, and a global pandemic, the United Kingdom is finally ready to separate its trade marks and registered design rights from the European Union. EU Trade marks and (registered) Community Designs that were filed but not yet registered with the EUIPO on 1 January 2021 will not be converted automatically to comparable rights in the UK. The date and means of disclosure are essential: it creates an unregistered Community design right, but can conversely destroy the novelty of a registered design if the latter is not applied for within 12 months of disclosure. 03 Aug 2020; Brexit. 12/11/2020 Proprietors of Community designs registered before 1 January 2021 will automatically become the proprietor of a comparable registered design in the United Kingdom and this at no additional cost. Teddy v PMS – Unregistered Community Design Rights (UCDRs), Brexit and the pre-Socratic Greek philosophers . Design protection in the UK comes in 2 forms; EU wide rights and national UK rights. The removal of the Community design right in particular will inevitably leave a hole in the armour of designers seeking to protect and enforce their designs in the UK. Currently, the Hague Agreement route for design protection in the UK can only be used by designating the EU (Registered Community Design). RCDs will automatically have a new UK registered design granted that will come into force on the UK’s exit from the EU, currently scheduled for March 29, 2018 without loss of filing or priority date. Registered Community designs (RCDs) converted to UK rights.

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