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INDUSTRIAL PROPERTY RIGHTS

​How will brands be protected after Brexit?

Without the Withdrawal Agreement

EU rules protecting these industrial property rights will no longer apply in the United Kingdom.

The rights owned by a company or citizen of the EU that are already registered at a European level (EU trade mark) with the European Union Intellectual Property Office or with the European register of geographic indications will no longer be protected in the United Kingdom.

Only those rights that have been registered or are registered directly with the United Kingdom Intellectual Property Office will still be protected.

The length of time that the right has been recognised at a European level will not count in the United Kingdom.

Neither will it be possible to apply the EU trade mark opposition procedure in the United Kingdom.

Please note that the trade mark application process with the competent UK body may require the payment of any fees established by UK legislation for the protection of such rights.

Given the uncertainty, right holders are recommended to study whether they should launch a trade mark registration procedure in the United Kingdom.

The EU rules on customs surveillance in the case of brands will not be applied in the UK. Therefore, requests for intervention in a Member State due to violation in the use of a brand, in accordance with the customs surveillance of intellectual property rights, will no longer apply in the UK.

With the Withdrawal Agreement

Withdrawal Agreement: the holder of any of these rights registered in the European Union under EU legislation (Regulation (EU) 2017/1001 of the European Parliament and of the Council) will become the holder of equal rights in the United Kingdom for the same goods or services.

Future relations: the United Kingdom and EU have committed to establishing a mechanism for cooperation and information exchange on issues of intellectual property of common interest, such as the approaches and processes relating to trade marks, designs and patents, as well as other industrial property issues where appropriate (utility models, etc.).

Non official translation