Appleyard Lees

Brexit

What is going to change?

  • Nothing will change for at least two years, probably longer.
  • The UK will remain part of the European patent system.
  • Appleyard Lees will continue to file and prosecute European patent applications at the European Patent Office (EPO).
  • Appleyard Lees will continue to file and prosecute EU Trade Marks before the European Union Intellectual Patent Office (EUIPO).
  • We expect that provisions will be adopted to ensure that existing European Union Trade Marks and Community Registered Designs will be enforceable in the UK.
  • UK national applications will be required for new trade marks and designs.
  • The Unitary Patent and Unified Patent Court are likely to be delayed.

What should we do now?

  • For now, it is business as usual.
  • No action is necessary because there is no immediate impact on the IP systems used in the UK.
  • The only change in IP strategy we recommend is to file UK applications for trade marks and designs to guarantee continuity of protection.
  • Appleyard Lees will continue to provide updates.
  • Consideration should be given to any agreements referring to the EU.

How will the political changes affect intellectual property?

Patents

  • There will be no change for the filing and prosecution of patent applications at the EPO.
  • There will be no change for patent protection in the UK, including validation and renewals procedures.
  • The EPO is independent of the EU. When the UK leaves the EU, the UK will continue to be a member of the European Patent Convention.
  • Appleyard Lees will continue to provide a full service for clients before the EPO.

European Union Trade Marks

  • When the UK leaves the EU, EU Trade Marks will no longer have effect in the UK. We expect that legislation will be adopted which ensures that existing EU Trade Marks remain effective in the UK.
  • For new trade mark and design applications we recommend filing in the UK and the EU to guarantee continued protection.
  • Appleyard Lees will continue to provide a full service before the EU IPO.
  • Leaving the EU will not affect UK trade marks.

Community Registered Designs

  • When the UK leaves the EU, Community Registered Designs will no longer have effect in the UK. We expect that legislation will be adopted which ensures that existing Community Registered Designs remain effective in the UK.
  • For new trade mark and design applications we recommend filing in the UK and the EU to guarantee continued protection.
  • Appleyard Lees will continue to provide a full service before the EU IPO.
  • Leaving the EU will not affect UK design registrations.

Unitary Patent and Unified Patent Court

  • The UPC is expected to be operational by the end of 2017.
  • Appleyard Lees will continue to handle Unitary Patent applications at the EPO.
  • Appleyard Lees will advise on litigation strategy when there is more clarity about the matter.

Changes always present challenges as well as opportunities. Appleyard Lees has provided IP advice for almost two centuries, during which we have seen a lot of changes in the world.  We are confident that we are fully prepared for whatever unfolds in future.

If you would like to discuss any of the issues in more detail, please contact your usual Appleyard Lees representative.

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