International IP registrations in the event of ‘no deal’ Brexit

7th Dec 2018

International trade mark and design registrations that designate the EU will continue to cover the UK, even in the event of a ‘no deal’ Brexit the Intellectual Property Office (IPO) has confirmed.

Brexit

This week the IPO confirmed to a number of stakeholders, including CITMA, that it will ensure all international trade mark and design registrations that designate the EU will continue to apply in the UK in the event of the UK leaving the EU without a deal. 
 
In a technical noticed published by the Government in September on what will happen to trade marks and designs if the UK leaves the EU without a deal, it explained that the Government was working with the World Intellectual Property Organisation (WIPO) to provide continued protection for rights filed through the Madrid and Hague systems which designate the EU.

In an email to stakeholders the IPO said: “To ensure legal certainty we will implement a domestic fix to provide continued coverage of international registrations designating the EU. 
 
“This will involve the UK providing holders of these rights with a UK domestic trade mark or design on exit.  
 
“We will continue to hold discussions with WIPO in the run up to exit, to ensure that all the newly created rights accurately reflect the EU rights on the WIPO registers.”

These rights will be set out in a statutory instrument.