Brexit Update - January 2020; Dehns via Mondaq, January 15, 2020

Clare Mann, Dehns via Mondaq; Brexit Update - January 2020

"On 9 January 2020, MPs voted in favour of the Withdrawal Agreement Bill, the legislation which will implement the Government's proposed Withdrawal Agreement. The Bill has now passed to the House of Lords for further review and it is expected that the Withdrawal Agreement will be ratified by the European Parliament later this month.

The UK is due to leave the EU on 31 January 2020.  Assuming the Withdrawal Agreement is ratified, an 11-month transition period until 31 December 2020 will commence immediately upon the UK's exit, during which the status quo will remain. EU trade mark registrations will continue to have legal effect in the UK during the transition period and UK trade mark attorneys will retain their rights of representation before the EU Intellectual Property Office (EUIPO).

At the end of the transition period, EU trade marks which are fully registered will be automatically cloned in the UK by the creation of comparable UK national rights which will retain the EU filing dates (and any relevant priority/seniority dates). These national rights will be created by the UK Intellectual Property Office free-of-charge.

EU trade marks which are the subject of pending applications when the transition period ends will not be automatically cloned in the UK.  Instead, their owners will have a period of nine months in which to re-file in the UK while retaining the EU filing date and, if appropriate, priority/seniority date(s).  Regular official filing fees will apply."

Intellectual property and Brexit: Guidance on trade marks, designs, patents right law, and exhaustion of IP rights after Brexit.; UK Intellectual Property Office, October 10, 2019

UK Intellectual Property Office;

Intellectual property and Brexit

Guidance on trade marks, designs, patents right law, and exhaustion of IP rights after Brexit.

Patents – A Novel and Inventive Approach to Brexit?; National Law Review, 11/28/16

Carl a. Rohsler and Florian Traub, National Law Review; Patents – A Novel and Inventive Approach to Brexit? :

"The announcement on Monday afternoon by the UK Government that it intended to proceed with the ratification of the Unified Patent Court Agreement (UPCA) took almost all commentators by complete surprise. It was commonly believed that Brexit would either completely destroy, or at least significantly delay, the introduction of the Unitary Patent and the Unified Patent Court. After all, the UK was going to leave the EU and it seemed nonsensical that it would continue to play an active role in supporting treaties that would have a profound effect on the EU just at the time that it was planning to leave the party."