How will Brexit affect my files?
Brexit came into effect on 31 January 2020, meaning that the United Kingdom is no longer a member of the European Union. As we explained at the time, a transition period was established that will end on 31 December 2020. During this period, and according to the Withdrawal Agreement, EU law is still applicable in the United Kingdom. This extends to the EU Trademark and Community Designs Regulations, as well as their implementation instruments. Therefore, nothing has changed during this period.
However, after 1 January 2021, and once this transition period is over, the United Kingdom will apply its own legislation and EU law will no longer be valid in this State. This is why we would like to inform you of the main aspects you must take into account:
- The holders of community designs will obtain a design registration in the United Kingdom that is ‘comparable’ to the community design. This comparable design will retain the priority, application, grant and renewal dates of the community design it is derived from. The design number will be the same, but will be prefixed with the digit 9.
- The comparable design will automatically be registered, without fee payments, but the Intellectual Property Office of the United Kingdom (UKIPO) will not issue a certificate; it will only be recorded in the office’s database.
- A certificate may be requested through an agent registered in the United Kingdom by paying the corresponding fees. It will take approximately 1-2 months to receive the certificate.
- For community designs that expire between 31/06/2020 and 31/12/2020: If a community design is not renewed before 31/12/2020, the UKIPO will create a comparable design, but it will appear as expired. If the community design is renewed within the 6 month grace period, the comparable UK design will also be considered automatically renewed, without having to pay fees to the UKIPO.
- Applicants will not automatically receive a comparable design. They will be given a 9 month period to “reapply” for the UK design, which will retain the priority and application dates of the community design but will be examined by the UKIPO as if it were a direct design.
- If a change of holder for a community design takes place, it should be recorded as soon as possible since the UKIPO will use the holder information appearing in the EUIPO on 31/12/2020. If the assignment is recorded in the EUIPO after 1 January, the assignment must also be requested for the comparable design in the United Kingdom.
For more information about BREXIT and its files, please contact us.