Designs

With the next ‘meaningful vote’ delayed until 12 March, pressure has grown on the UK government to exclude no-deal as an option for Brexit – and, if necessary, to request an extension to Article 50. This has resulted in further votes being scheduled for 13 and 14 March. As we wait for the outcome of those votes, our updated Brexit white paper provides a helpful overview of the current situation for IP, and what brand owners can do to prepare themselves whatever the Brexit outcome.

So much of Brexit is up in the air, including the date when the UK’s exit from the EU will even occur. We summarise what we know so far, and how businesses should prepare.

As is usually the case with IP, it saves time and money over the longer term if a strategy is in place in advance of a brand takeover or launch. The same is true when two businesses merge.

It may be desirable or indeed necessary to retain existing ownership structures for brands acquired as part of a merger or acquisition (M&A). However, if the newly merged business has been rebranded, the conflict between the registered legacy brands and the new brand will need to be resolved.

The European Commission and UK negotiators reached an agreement on the entirety of the Brexit Draft Withdrawal Agreement on 14 November. Next it needs to get through UK parliament and the rest of the EU.

Planning is crucial to the safe transfer of an IP portfolio no matter the timescales involved. Minimise the impact on your business and resources with these five steps for recording change of ownership.

What happens to trademarks, designs, patents and copyright if the UK crashes out of Europe without a deal? The UK government released a series of guidance papers to address this topic last week.

IP licensing can provide companies with additional (or core) revenue streams, enable them to raise brand awareness and enhance their reputation, and extend their brands into new markets and geographies. However, if IP ownership or validity is unclear, it can also pose significant financial and business risk.

When seeking to expand into new markets or territories, it’s important to ensure IP protection is first in place. Dr Peter Wilson sets out the IP elements to consider when developing or updating an export strategy.

The UKIPO’s recent report on patent, trademark and design applications, publications and grants 1995–2017 has identified some interesting filing trends. Meanwhile, the UK government has confirmed that EU IP rights will continue to be protected in the UK post-Brexit at no-cost to brand owners.

IP isn’t always the first priority for a business preparing for an initial public offering (IPO); however, the sooner you start thinking about your IP assets, the better prepared you’ll be.

Many companies estimate the health and relative worth of their IP portfolios based on size alone. However, those IP rights will be worth far less if the following checks and balances are not also considered.