The UK May Exit The EU - What This Could Mean For Your EU & UK Intellectual Property

Introduction

On June 23rd 2016, the United Kingdom has voted in a referendum in favor of ‘BREXIT’, an exit from the European Union. This could potentially impact your intellectual property rights both across the United Kingdom as well as the European Union. Some of the key points to note are:

Trademarks

EU: Trademarks Registered or Recently Filed Within The European Union Intellectual Property Office (EUIPO) which currently cover all 28 EU members, including the UK territory shall continue to remain protected until new regulations are defined.

UK: Trademarks Registered or Recently Filed Within The United Kingdom Intellectual Property Office (UKIPO) will remain unaffected and will continue to be protected in the UK under the current UK laws.

Patents

EUROPE: Patents Filed Within The European Patent Office (EPO) are unaffected as they are based on international agreements between European countries and are not part of the EU framework.

UK: Patents Filed Within The United Kingdom Intellectual Property Office (UKIPO) are unaffected and will continue to be protected in the UK under the current UK laws.

Registered Designs

EU: Designs Registered or Filed Recently Within The European Union Intellectual Property Office (EUIPO) which currently cover all 28 EU members, including the UK territory shall continue to remain protected until new regulations are defined.

UK: Designs Registered or Filed Recently Within The United Kingdom Intellectual Property Office (UKIPO) will remain unaffected and will continue to be protected in the UK under the current IP laws.

What To Expect In The Next Coming Months?

No major changes are expected in the short term until the UK triggers “Article 50” under the Treaty on European Union. 

Once Article 50 is triggered, the UK has up to two years to negotiate their exit from the European Union. 

During the course of these two years there will be changes to address UK’s exit from the EU. New processes are likely to be defined to continue protection of your Intellectual Property in case of those protected through EUIPO. It remains uncertain at this very moment if the division of protected intellectual property between the UK and the rest of the EU countries will be automatically transferred or would need to be reapplied for.

Conclusion

The United Kingdom's exit from the European Union, known as BREXIT, may have implications for intellectual property rights. Trademarks registered or filed within the European Union Intellectual Property Office (EUIPO) will remain protected until new regulations are defined. 

Similarly, trademarks registered or filed within the United Kingdom Intellectual Property Office (UKIPO) will continue to be protected under current UK laws. Patents filed within the European Patent Office (EPO) and the UKIPO will also remain unaffected. 

Designs registered or filed within the EUIPO and the UKIPO will continue to be protected. In the coming months, there may be changes to address the UK's exit from the EU, and new processes may be defined to ensure the protection of intellectual property. LegalForce RAPC Worldwide will keep clients informed of any regulatory changes and continue to act on their behalf before the EPO, UKIPO, and EUIPO.