Mewburn Ellis is here to navigate the Brexit landscape with you and make sure you're prepared.
We understand that Brexit fatigue may have set in for some, but it's important that our clients are aware of recent developments, and we want to reassure you that your intellectual property (IP) rights remain in safe hands with us.
We have developed our “Navigating the Brexit Landscape” blog series which focuses on what Brexit means for trade marks, patents and designs, to ensure that you are up-to-date with all current situations. We will be providing regular updates as more information becomes available.
While there are bound to be a few twists and turns along the way, the good news is that the UK government and EU are both committed to a smooth transition for IP rights and related issues, and many issues have been provisionally agreed between the UK and EU. The UK government is also preparing in the event that no agreement is in place - the UK has passed legislation to ensure EU legislation is incorporated into UK law, and that existing rights are respected.
Of course, there are still a few questions that need answering, and detail to be agreed. In our blog series below, we examine the facts that are already clear and discuss the possible outcomes to these unanswered questions.
The UK government and EU set out their agreed position on many of the issues related to intellectual property rights in the Draft Withdrawal Agreement. The UK government has also published papers explaining the approach in the event no agreement can be reached. Our consistent advice, which we still consider to be the best course of action, is that in order to protect brands in the EU, it remains appropriate to continue filing trade mark applications at the EUIPO, and that there is no legal necessity for dual filing in the UK.
The UK government and EU set out their agreed position on many of the issues related to intellectual property rights in the Draft Withdrawal Agreement. The UK government has also published papers explaining the approach in the event no agreement can be reached. Our consistent advice, which we still consider to be the best course of action, is that in order to protect brands in the EU, it remains appropriate to continue filing design applications at the EUIPO, and that there is no legal necessity for dual filing in the UK. Recent publications by the UK government promise the introduction of a new UK supplementary Unregistered Design Right.
We’re expecting there will be little that’s different after Brexit for patents, because the existing European patent system will be unaffected by the UK leaving the EU. While no action is needed immediately, it’s important to consider the potential impact of the planned opening of the Unified Patent Court.
READ OUR BREXIT BLOGS
Continue what you’re already doing is the simple message here i.e. keep filing European Union Trade Marks (EUTMs).
MEET OUR BREXIT TEAM
Partner, European Patent Attorney
Robert is our Brexit expert. He's been involved in discussions with the UKIPO about
What do our Attorneys think about Brexit?
Partner, Trade Mark Attorney, Brexit Specialist
I very much look forward to sharing my long-standing experience and expertise in trade mark matters with our clients in these exciting times.
Partner, European Patent Attorney, Brexit Specialist
I know Brexit is huge challenge for our clients, particularly those with European Design and Trade Mark rights, and that IP is only one part of the Brexit issue for many companies. Having been involved in many meetings about the impact of Brexit on IP rights, I want to share what I have learned and help clients navigate the issues.
Partner, Trade Mark Attorney
“Brexit is a time of great change and great uncertainty. Our aim is to give our clients as much clarity and assistance as possible, provided by our team of very experienced and knowledgeable UK and German trade mark attorneys.”
BREXIT - THE STORY SO FAR
Click on the links below to see past articles about Brexit as the news unfolded
September 2018: No Deal Papers Published
These papers provide some more information on how the provisions of the EU Withdrawal Act 2018 would affect the various IP rights, albeit at a relatively high level.