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.
Negotiators from the European Parliament and the Council of the EU have reached a political agreement on the reform of EU Geographical Indications for agricultural products, wines and spirits. Florence Chapin outlines its implications.
Who is liable for the sale of counterfeit goods on e-commerce platforms, such as online marketplaces? In our 14 November webinar, our experts will took a deep dive into EU case law on liability for the sale of counterfeit goods online and share monitoring and enforcement best practices for online marketplace brand protection.
Amazon is to become the first online marketplace to join the IP Enforcement Portal (IPEP), a centralised platform created by EUIPO to exchange information related to IP enforcement.