EU registered rights - designs
Our original analysis of the possible scenarios for post-Brexit intellectual property.
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.
| 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 |