Protecting Intellectual Property post Brexit

Businesses that own IP rights, trademarks, patents, designs or copyrights should seek legal advice NOW

Whether or not there is a deal on Brexit before the 31st December 2020 you should be aware of the effect of Brexit on your IP rights. In particular, action may be required in relation to any registered or pending European Union Trade Marks (“EUTMs”) and Registered EU Designs (“RCDs”).

1. If you have made an application for an EUTM or RCD which is still pending as of 31st December 2020, you must file a separate national UK application if you want your trade mark or design to be protected in the UK. Provided the comparable UK application is filed by 30 September 2021 the resulting registration will be effective from the date of the original ETUM or RCD application.

2. Registered EUTMs and RCDs will be automatically cloned into national UK trade mark or design registrations. It will eventually be necessary to appoint a UK address for service for national UK IP rights and so consideration should be given as to whether to appoint a UK trade mark attorney firm to represent you in relation to any national IP rights.

3. Any national UK trade mark rights which stem from an EUTM registration, must be renewed separately. This means that even if you have renewed an EUTM registration early, if the renewal falls after 31 December 2020, you must also renew the UK registration.

4. Unregistered community design rights will continue to be protected and enforceable in the UK for the remainder of their 3-year term. The UK government will introduce equivalent protection in the UK through the new Supplementary Unregistered (SUD) Right.

5. You need to consider all agreements that mention an EUTM.

Patents

As the European Patent Office is not an EU agency, leaving the EU does not affect the current European patent system. Existing European patents covering the UK are also unaffected.

European patent attorneys based in the UK continue to be able to represent applicants before the EPO.

Copyright

Most UK copyright works, books, films and music, will still be protected in the EU and the UK. This is because the UK has a continued participation in the international treaties on copyright.

Help & Advice

TBC has access to all the expertise that you need. We work with Keltie LLP who are a premier firm of trademark and patent attorneys.

Rosemary Cardas of Keltie will be able to tell you about a range of fee concessions for Brexit related work set out above.

All Intellectual Property matters are dealt with by the Intellectual Property Office and you can find guidance at www.gov.uk/government/organisations/intellectual-property-office.

Testimonials

For the past months TBC has been working continuously and assiduously in unravelling the tortuous thread of a discretionary trust for my son. There was a variety of hurdles dispensed from Banks and HMRC to be overcome, and TBC did so with their customary calm and good humour establishing a solid framework for the future amid this present time of uncertainty and confusion. The trustees are indebted to them.

Diane Webb

Lynne and The Brooke Consultancy are such a pleasure to deal with. Lynne is a really great guy who is very good at listening and understanding our business’ requirements. We have a relationship with TBC, which we have built over many years now, as the team continue to support our business and its challenges ahead.

Stuart Wyeth

Sky Lofts Ltd

Lynne and the team at The Brooke Consultancy have been providing legal advice for my practice over a number of years. Their impressive knowledge and application of the law spans across a spectrum of sectors and fields, the added value they bring to my business cannot be understated. The legal advice they have provided has proved essential and has enabled my business to flourish and grow.

Over the years I have referred The Brooke Consultancy to several clients, collaborators, peers, and business contacts and the results have been nothing short of outstanding.

I cannot recommend The Brooke Consultancy enough, if you are seeking legal advice as an individual or as a business, look no further.

Pedro Gil

Architect, ARB, RIBA Target Rich International Taiwan

We were recommended TBC during corporate dispute. We were immediately impressed at their quick grasp of the complex circumstances and is in-depth knowledge of the process. Delivering a strategy and giving unequivocal advice with expertise, experience and a personal touch; not least in their patience and thorough responses to all questions. We felt at ease during what turned out to be a lengthy court case, and we were delighted with the end result. TBC’s friendly and supportive attitude, combined with a readiness to take calls at all hours, helped built a strong relationship based on trust. With their network of specialised lawyers and barristers, be assured that they can achieve your objective. I would highly recommend Lynne Brooke and the team again and again.

Jordan and Graham Burnard

TBC has generously provided me with expert legal advice over a five-year period. He responds with tenacity, reassurance and encouragement alleviating anxiety which flares during critical moments in the litigation process. Lynne is an ‘outside the box’ thinker and dares to venture where others fear to tread. He is an absolute treasure of a man with a sound intellect and a sense of humour.

Jude Kidd

Blog

Protecting Intellectual Property post Brexit

Newsletters

Archives

Testimonials