EU registered rights - designs

Working document as at 19th August 2016

CITMA has mapped out numerous scenarios for how, post-Brexit, transitional arrangements to ensure that existing protection is not lost for European registered rights. This table shows six scenarios for Registered Community Designs. 

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Model Timing Unilateral or bilateral Initial cost to business UKIPO resource Post-division conflicts Legal certainty

UK plus

RCD system becomes European design system, covering EU & UK

Brexit Bilateral Low Low Low High

Jersey

UK treats RCDs as covering UK

Brexit Unilateral Low Low Medium-low Low

Montenegro

RCDs brought onto UK register as UKRDs

Brexit/ window Unilateral Medium-low Medium-low Medium-low High

Tuvalu

Option to bring RCDs onto UK register as UKRDs

Brexit/ window Unilateral Medium Medium Medium-low High

Veto

Option to bring RCDs onto UK register as UKRDs, but UKIPO retains veto

Brexit/ window Unilateral Medium Medium-high Low Low

Ireland

Option to bring RCDs onto UK register as UKRDs at renewal. RCD covers UK in interim

At renewal Unilateral Medium-low Medium-low Medium-low High

© 2016 The Chartered Institute of Trade Mark Attorneys