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IP and BREXIT: Facts on the future of intellectual property

日期: 2018-11-27 17:02
浏览次数: 71
On September 25th, 2018, the UK Intellectual Property Office published some notes on the possibility of a "no - deal" exit, indicating in particular that:
 
Trademarks:
 
Registered trademarks and registered design in the EU: such IP rights will continue to be protected by providing an equivalent trademark or design registered in the UK which will automatically come into force once UK will exit from the European Union, since then the registered trademarks and designs will be ruled by the UK laws.
 
 Applications for registration of trademarks and designs in the EU: trademarks and designs applications at the time of the Brexit will have a period of 9 months from the date of exit to request in the UK the same protection preserving the date of the EU application for priority purposes.
 
International registrations that designate the European Union: the UK Government is working to ensure that protection in the UK continues to exist even after March 2019.
 
Regarding legal disputes involving EU trademarks or registered community designs that are underway in UK courts, more information will be provided before the UK leaves the EU
 
Registered Community Design (RCD)
 
The UK Government will ensure that all registered Community designs existing at the time of UK exit from the EU will continue to be protected and implemented in the United Kingdom for the remaining period of the protection of the right.
 
Unregistered Designs
 
The United Kingdom will create a new unregistered design regulatory system that will reflect the characteristics of the unregistered Community design. This means that the designs that will be released after the UK leaves the EU will also be protected in the UK under the current terms of the unregistered Community design. This new figure will be known as "supplementary unregistered design right."
 
Patents and Unified Patent Court
 
Brexit will have no consequences on UK membership of the European Patent Organisation, nor on the effect of European patents in the UK.
 
There are two different scenarios for the Unified Patent Court; the Unified Patent Court does not come into force. If the Unified Patent Court is never fully ratified, the domestic legislation to bring it into force will never take effect in the UK. In this scenario, there will be no changes for UK and EU businesses at the point that the UK exits the EU.
 
The Unified Patent Court comes into force. If the Unified Patent Court is ratified and comes into force, there will be actions that UK and EU businesses, organizations and individuals may need to consider. The UK will explore whether it would be possible to remain within the Unified Patent Court and unitary patent systems in a ‘no deal’ scenario.
 
Copyright
 
Since the United Kingdom is a member of many international treaties and agreements in line with EU directives protecting copyright, most of the UK copyright (such as music, movies, books and photographs) is protected throughout the world and will continue to be so even after the Brexit.
 
Source:Rapisardi Intellectual Property 



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