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.
In the second of our articles focusing on brand protection on online marketplaces, Markus Rouvinen explains how the forthcoming Digital Services Act offers both opportunities and risks for brand owners seeking to protect their IP online.
A recent judgment concerning LEGO bricks has been reported in the news as confirmation of design protection for the popular children's toy. Unfortunately, many of these media reports rushed to the wrong conclusions, says Esther Schnepper. She outlines what can actually be deduced from the March 2021 judgment by the EU’s General Court.
To date, new Guidelines for Examination have been published by the European Patent Office (EPO) almost every November like premier wines. But, with 2020-2021 not a year like any other, the new guidelines were instead published in February, entering into force on 1 March. Sylvain Chaffraix sets out the changes.