January 2020

Impact of Brexit on 31 January 2020 on EU intellectual property rights

As a result of the Brexit, EU intellectual property rights, i.e. Union trademarks and/or Community designs, will no longer be valid in the UK, as the UK will no longer be a member of the EU. Patents will not be affected by the Brexit because European Patents are not governed by EU law, but by international treaties. The British Government has decided that after the Brexit, all holders of registered EU intellectual property rights will automatically receive a corresponding and equivalent national British intellectual property right.

The important thing at the moment is that, due to the withdrawal agreement concluded between the EU and Great Britain, this transition to national intellectual property rights in Great Britain will not yet take place on 31 January 2020. While 31 January 2020 is usually understood as the day of the Brexit, a transitional period has been agreed in the withdrawal agreement, which does not end until 31 December 2020.

This means that until 31 December 2020, your EU intellectual property rights, even those that will be registered in the course of 2020, will continue to enjoy direct protection in Great Britain as before.

If you have any questions, your usual contacts at Eisenführ Speiser will be happy to answer them.

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