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Brexit: EU Commission publishes proposals for EU trademarks and other intellectual property rights in the UK following Brexit

The European Commission has put forward a Draft Withdrawal Agreement containing proposals on how EU intellectual property (IP) rights (EU trademarks, registered and unregistered designs, plant varieties and geographical indications) will apply in the UK following Brexit.

April 2018

This update was published in Legal Alert - April 2018

Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.

The proposals have yet to be negotiated with the UK, but provide some comfort for IP owners. Their main premise is that EU IP rights should automatically be recognised, and continue to be enforceable in accordance with EU law, in the UK after Brexit. This will require UK domestic legislation to be introduced before Brexit, notably in relation to rights that do not currently exist in UK law, such as a right to protect geographic indications.

For rights pending at the date of Brexit, for example, in relation to EU trademarks that have been applied for but not yet registered, the EC proposes that an applicant for the equivalent UK right will enjoy priority on registration backdated to the original EU application date.

The paper also deals with other IP rights, and how the doctrine of 'exhaustion' will apply.

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Disclaimer: This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.

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