BREXIT | 2306®

Brexit is all done and dusted (apart from the bits that aren’t), and the talk now is all about Frexit and Polexit……

On December 31^st 2020, the UK will leave the European Union trade mark and design systems.  We have prepared the following brief – and hopefully helpful – resumé of what is going to happen with Brexit and the main things that need to be considered.
 
Before we begin, please let us clarify that Brexit does not affect patents.  The European Patent Convention (“EPC”) is nothing to do with the EU and, although the UK is leaving the EU, it is remaining as a member of the EPC.
 
But, it is a different story for trade marks and designs...

For a long time, a source of tension among UK trade mark and design attorneys was the fact that the UK was one of the few EU member states to abide by a decision to allow attorneys from any European Economic Area country to represent clients in proceedings before any national office of an EU member state.  With this in mind, one of the ironies of Brexit is that, from 1^st January 2021, UK trade mark and design attorneys will (in general – please see below for a super-important exception!) lose the right to represent clients before the EU IPO.

It has been a while since our last Brexit Bulletin.  In truth, we have spent most of 2019 in shock at the chaos of the UK Parliament….   But, as the year draws to a close, we finally have some news.  Yesterday was polling day in the UK’s general election and the ruling Conservative Party won and, for the next five years, it can rely on support from a large the majority of elected members of parliament. 

We know that registered EU trade marks and designs will be cloned automatically into EU and UK ones after Brexit, and we know also that this will happen for International trade marks that designate the EU.  However, there is a trap here for the unwary.

With Wynne-Jones IP and AIPEX BV, it’s business as usual and you’re in safe hands.