A law firm has given an update on how IP law will change in the EU and the UK.
Lexology analysed continuing potential implications of the UK’s vote last year to leave the European Union, with law firm Burges Salmon LLP stating that as of 29 March, the UK government “notified the EU that it was invoking Article 50”, meaning there is “now a two-year limit for the UK and EU to reach an agreement”, though “extensions may be agreed”.
Once this period is over, the “UK’s withdrawal from the EU will take effect”, and asking what this means, the firm stated that “for the time being it is still ‘business as usual’”, as the UK “remains a member of the EU and IP rights remain unchanged”, while EU trademarks and Registered Community Designs “continue to provide protection in all 28 member states”. This also remains the “the case for any new applications filed after 29 March”.
On whether this will “affect IP strategy”, Burges Salmon LLP added that “the way the EU and UK IP Offices will deal with the UK’s eventual departure has yet to be finalised”, noting in turn that “the consensus view is that there will be some sort of transitional provision allowing for existing EU-wide IP rights to be ‘converted’ into a continuing EU right covering the remaining 27 states, along with a ‘new’ UK right, backdated to the original filing date, ensuring continuity of protection”.
The firm itself agrees with this “and are not currently advising any changes in filing strategy”, but added that “we do not know whether existing right holders will have to pay a fee for the ‘converted’ UK application, but our advice is that there is likely to be a need to budget for some sort of IP outlay at the end of the negotiation process”.
Further ahead, it advises that businesses “will need to consider whether they will want a UK trade mark/design AND an EU right, since two applications (and hence two sets of fees) will be payable once the UK has exited the EU”. Concluding, the firm stated that “in short, nothing has yet changed, but the countdown has begun”.
Before the referendum, The Recycler reported on predictions and possible impacts of the decision on IP, while last August the UKIPO (United Kingdom Intellectual Property Office) stated that the UK “remains a part of the EU until the negotiations to exit are concluded”. That same month, a law firm discussed whether the mooted Unified Patent Court (UPC) is “Brexit-proof”.