An Update on Registered Design Rights and Brexit
The deadline for requesting an extension to the transition period under the EU Withdrawal Agreement has now passed and therefore 31 December 2020 now looks more likely than ever to be the end to the transition period of the UK leaving the EU.
There is a substantial advantage in filing your EU design application now to take advantage of the dual EU/UK coverage. If you have EU registered design rights as of January 1st 2021 (when it is likely the UK officially leaves the EU), you will benefit from the automatic creation of UK rights. In other words, anticipating the registration of your designs will save you the cost of separately registering your Designs in the UK and in the EU to obtain the same coverage.”
As a reminder:
Owners of existing (EU) Community Design registrations will be issued automatically and without charge by the UK Government, comparable UK registrations, mirroring the same details and dates, prior to the final Exit Date of 31 December 2020;
Owners of existing (EU) Community Design applications at 31 December 2020 will have a nine month period until 30 September 2021 to request comparable UK applications mirroring the same details as their EU applications but will have to pay official fees for the applications;
Comparable UK registrations due for renewal in the six month window after the Exit Date will still need to be renewed in the UK, even if the EU renewal was undertaken in advance of 31 December 2020 (in the six month period in advance of the final renewal date
Do design owners have to take any action now?
It is important to take the time to review your design portfolio and to anticipate the filing of EU designs to take advantage of the dual coverage – until the UK official leaves the EU.
Should the transition period end on 31 December 2020 and your IP portfolio is managed by our firm, rest assured we will be reporting details of the UK comparable registrations issued to you and ensuring renewal deadlines are monitored. For all EU applications we will also monitor and liaise the nine month period to request the UK comparable application.
If we don’t manage your IP portfolio and you would like some free advice to help you gain a better understanding of the impacts of Brexit on your design registrations, then please contact Wendy Crosby:
T: +44 (0) 1224 706 616