European Union: Brexit: UK Leaves European Union On 31 January 2020

The UK will leave the EU on 31 January 2020 on the basis of the withdrawal agreement reached in October 2019 and enter a transition period. The legislative process to complete the implementation of the withdrawal agreement between the UK and EU is now complete. The UK act enabling the withdrawal agreement (The European Union Withdrawal Agreement Act 2020) received royal assent on 23 January. The EU Parliament also voted on 29 January to approve the withdrawal agreement; this was the final hurdle to be cleared for Brexit to go ahead.

During the transition period the UK will be treated as if it were a member of the EU and as a consequence the status quo as far as IP is concerned will be maintained. The future relationship between the UK and EU beyond the end of the transition period is still to be negotiated. However, even in the case of no deal being reached between the UK and EU by the end of the transition period (a no-deal Brexit), the position as regards IP is unlikely to change. The transition period is expected to expire at the end of 31 December 2020.

As a European firm with a base in the UK and offices in France and Germany, we will continue to provide patent, trade mark and design services as before.

Patents

Whatever form the UK's exit from the EU takes, there will be no effect on how patents are obtained and enforced in the UK or any other states party to the European Patent Convention. All European Patent Attorneys at J A Kemp LLP will therefore be able to continue to represent clients at the European Patent Office (EPO) as in the past.

More detail is available here.

Trade Marks

From the end of the transition period, it will no longer be possible to obtain trade mark protection in the UK through an EU Trade Mark (EUTM).

After the end of the transition period, if trade mark protection in the remaining 27 countries and the UK is required, two applications will need to be filed, one at the EUIPO and one at the UKIPO. J A Kemp LLP based in the UK and J A Kemp SNC based in France are able to act at the UKIPO and EUIPO respectively, so we can continue to act for clients as before.

For EUTMs granted before the end of the transition period, a comparable registration will automatically be generated at the end of the transition period in the UK. We will write to our clients regarding the generation of UK comparable registrations where we are responsible for the associated EUTM in due course.

For EUTM applications pending at the end of the transition period, a 9 month priority term will be granted within which a UK TM application claiming the benefit of the EUTM filing/priority date may be filed. We will write to our clients regarding the possibility of taking advantage of the 9 month priority term in due course.

More detail is available here.

Designs

As from the end of the transition period, it will no longer be possible to obtain design protection in the UK through a Registered Community Design (RCD).

After the end of the transition period, if design protection in the remaining 27 countries and the UK is required, two applications will need to be filed, one at the EUIPO and one at the UKIPO. J A Kemp LLP based in the UK and J A Kemp SNC based in France are able to act at the UKIPO and EUIPO respectively, so we can continue to act for clients as before.

At the end of the transition period, the holder of a published RCD (or EU Designation of an International Design Registration under the Hague Agreement) will become the holder of a Registered Design Right in the UK for the same design. The holder of an Unregistered Community Design Right at the end of the transition period will also become the holder of an equivalent right under UK law that affords the same protection as an Unregistered Community Design Right (save that it will relate to the UK only). In due course we will write to our clients regarding the generation of the Registered Design Right in the UK where we are responsible for the associated RCD.

For RCD applications pending at the end of the transition period, a 9 month priority term will be granted within which a UK Registered Design application claiming the benefit of the RCD filing/priority date may be filed. We will write to our clients regarding the possibility of taking advantage of the 9 month priority term in due course.

More detail is available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.