Welcome to our FAQs on Brexit and your IP. Please click the questions in the list below to read the detailed responses. If you have any questions about Brexit and your IP portfolio that aren't covered below, or would like to speak to an IP adviser for detailed responses, don't hesitate to get in touch with our Brexit taskforce.
Cloning of EU rights
Use and reputation
- UK perspective:
- EU perspective:
If a corresponding UCD was established before 1 January 2021 through first disclosure in the EU but outside of the UK, this will not affect the validity of the continuing unregistered design.
- people resident in the UK or a qualifying country
- businesses formed under the laws of the UK or a qualifying country
Where qualification is a result of first marketing, you will need to have disclosed your design in the UK or a qualifying country.
It is not possible to have ‘dual disclosure’ of a design in both the UK and the EU, first disclosure can only be in the UK or EU. Protection will be given in the jurisdiction where first disclosure of the design occurs.
Supplementary Protection Certificates (SPCs)
- MAs which have been converted from existing EMA MAs: valid across the whole UK;
- MAs granted by the EMA: valid for NI;
- MAs granted by the MHRA: valid in England, Scotland and Wales only.
Meet our IP specialists during the in-person part of the upcoming hybrid MARQUES conference, themed 'Peace and Justice for Brands', in The Hague in September.
The estate of Swedish author Astrid Lindgren successfully established last year that a German version of the song ‘Hey, Pippi Longstocking’ infringed its copyright. To mark the launch of the new official version of the Pippi Longstocking song this month, Koen de Winder examines the court case and what it means for the character’s legacy.
The UKIPO recently upheld an opposition by Cambridge University to a trademark application by Chadlington Brewery Limited, for the mark ‘Cambridge Blue’, claiming beers in Class 32. The decision offers a useful summary of the UK’s common law tort of ‘passing off’, says Luke Portnow.