Brexit

It is important to note that Mathys & Squire’s ability to represent its clients in the UK or in Europe will not be affected during, or after the Article 50 negotiating period

 Brexit and what it means for your IP

 

Will Brexit affect European patents?

  • The European Patent System is not affected by Brexit. The UK is, and will remain, a member of the European Patent Convention (EPC), as the EPC is unrelated to the EU.

  • There are already a number of other countries who are members of the EPC but who are not members of the EU.

  • UK-national European Patent Attorneys will still be able to act before the EPO after Brexit.

  • Patents will continue to be enforced against infringers in the national courts as before.

Will Brexit affect EU trade mark registrations (EUTMs)?

  • UK-based companies can continue to file and own EUTMs.
  • After the end of the transition period, new EUTMs will no longer extend to the UK.
  • Registered EUTMs will no longer extend to the UK, but will automatically be “cloned” to create equivalent UK rights.
  • For pending EUTM applications there will be an option to refile in the UK and retain the same filing date. There will be costs involved and the new application will go through the UK examination process.
  • After the end of the transition period, a separate UK Trade Mark Registration will be needed to obtain protection for new marks in the UK.
  • Use of a trade mark only in the UK will no longer be sufficient to keep an EUTM registered.

Will Brexit affect registered community designs (RCD)?

  • UK-based companies can continue to file and own RCDs.
  • After the end of the transition period, new RCDs will no longer extend to the UK.
  • Existing RCDs will no longer extend to the UK, but will automatically be “cloned” to create equivalent UK rights.
  • After the end of the transition period, a separate UK Design Registration will be needed to obtain protection for new designs in the UK.

Will UK applicants still be able to use The Hague International Design System?

  • The Hague System allows a design to be registered in several territories starting from a single international application.
  • After Brexit, UK applicants will continue to be entitled to use the Hague System as the UK is now a party to the Hague Agreement in its own right.

Will Brexit affect unregistered designs?

  • Designs that are protected in the UK as EU Unregistered Design Rights at the time of Brexit will continue to be protected in the UK as Continuing Unregistered Designs (CUD), which will be established automatically at the time of Brexit.
  • A new “EU equivalent” UK Supplementary Unregistered Design (SUD) right is also being introduced to mirror the protection currently provided by EU Unregistered Design Rights.

Will Brexit affect IP litigation?

UK Courts will continue to pass judgement on UK IP rights, including European Patents validated in the UK (and any registered EU Trade Marks and Designs that have been converted into UK rights). 

EU & UK trade mark and design filing packages

Mathys & Squire is offering exclusive discounts and fixed fees on EU & UK trade mark and design filing packages.

EU & UK trade mark filing package
Filing in both the EU and the UK (one class) at a discounted, fixed fee. This fee will cover all costs up to the issuance of the registration certificate, with the exception of official objections or third-party opposition. Additional class fees will then carry a 20% discount.

EU & UK design filing package
Filing in both the EU and the UK at a discounted, fixed fee. This fee will cover all costs up to and including the issuance of the registration certificate. This fixed fee assumes we receive the drawings in a ready to file format and excludes the cost of any official objections. Additional designs in a filing will also carry a discount.

To find out more about these exclusive offers and discounted fees, contact our Brexit team who will be happy to discuss them with you.