Changes in intellectual property rights in the UK after Brexit

 

Changes following UK withdrawal from EU,

On January 31, 2020 local time, the British Parliament officially declared withdrawal from the European Union (EU), which has been in progress since 2016. After that, the EU and the UK agreed to make the transition period until December 31 this year, to maintain the relationship and to negotiate future relations such as trade agreements. From next year when the agreement ends, changes are expected in many areas, as well as in the economy and trade.

▲ pixabay.com

Patents not affected by Brexit,

The European Patent Office (EPO) was created under the European Patent Convention, which entered into force in 1977. The EU, which started in 1994, tried to establish an integrated patent management agency under the EPO, but it didn’t make it in the end because the UK delayed the final decision. For this reason, EPO as an independent organization regardless the EU, has been examining and registering European patents to date. Therefore, even if the UK leaves the EU, there is no change in patent applications or registrations.

▲ epo.org

Changing trademark system,

Unlike patents, trademark designs in Europe are managed by the European Intellectual Property Office (EUIPO), an EU-affiliated organization. For this reason, there will be changes in the trademark system after Brexit. First of all, if not exceptions, trademarks that have been applied to the EUIPO by September of this year or have already been registered will be transferred to the UK Intellectual Property Office (UKIPO). Rights transferred up to and including that period are recognized both in the EUIPO and in the UK, and'UK009' is added before the UK registration number. Also, for pending trademarks, if you do not want to register in the UK, you must apply for an exception to the UKIPO. Trademarks filed after the transferring period can only be obtained by separately re-application to UKIPO. In addition, even if it is a registered trademark, if it is released next year, it must also be re-filed to the UKIPO. Trademarks expiring this year can be renewed at EUIPO, but rights expiring from January next year can only be renewed at UKIPO.

▲ euipo.europa.eu

From next year, trademarks filed in the UK will follow British law, not European law. If you are planning to file, you should understand and prepare for this point.