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INDUSTRIAL PROPERTY RIGHTS

Will the protected denominations of origin in the UK continue to be protected after the end of the transition period?

The withdrawal agreement stipulates that the geographical indications protected in the EU on the last day of the transition period will have the right to the same level of protection and use in the UK as in the EU after the end of the transition period, without the need for any further examination.

What about registered trademarks, the rights of patent holders or the complementary certificates for protection in the case of pharmaceutical patents?

Both EU trademarks and Community designs that have been registered in the EU before the end of the transition period will continue to be valid in the UK. The holders of these rights may transform their trademarks and designs registered in the EU into national UK trademarks and designs for a minimum administrative charge. The UK will also guarantee that all unregistered Community designs existing after the end of the transition period continue to be protected in the UK during the remaining period for which the right is covered.

The rights of Spanish holders of European patents applicable in the UK will not be affected by the UK leaving the EU, regardless of whether this withdrawal is with or without an agreement. The UK belongs to the European Patent Convention, which includes other non-EU countries, and although the UK may leave the EU, it will not leave the Convention.

With respect to supplementary protection certificates (SPCs) for pharmaceutical products in the form of an extension of the right conferred by the patent, the UK has transposed EU legislation and will recognise existing EU SPCs. The authorisation granted by the UK to place products on the market will no longer have the value of an initial authorisation granted within the EU-27 for the purpose of EU legislation. An authorisation granted by the UK before the date of its withdrawal will be deemed an initial authorisation for the purposes of EU law.

Non official translation