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Unilever not “too big to pay” - Context is key when considering outstanding benefit
Unilever not “too big to pay” - Context is key when considering outstanding benefit - 30.10.19

In the culmination of a 13-year legal battle, the Supreme Court last week issued a Decision ([2...

Enlarged Board of Appeal referral on computer simulations
Enlarged Board of Appeal referral on computer simulations - 14.08.19

On appeal before the Technical Board of Appeal (TBA), the (Applicant) Appellant argued that the...

Maritime UK Awards
Maritime UK Awards - 13.08.19

Here at WPT we're very happy to learn that one of our clients has been named as a finalist in t...

Patent Prosecution Highway: Australia and the EPO
Patent Prosecution Highway: Australia and the EPO - 07.08.19

As of the beginning of July 2019, the Intellectual Property office of Australia joined the Euro...

Football Association Premier League granted first ever blocking order in Ireland
Football Association Premier League granted first ever blocking order in Ireland - 01.08.19

FAPL have been granted the first ever order from the Irish courts compelling internet service p...

UKIPO extends its EPO search outsourcing
UKIPO extends its EPO search outsourcing - 01.08.19

The UK Intellectual Property Office (UKIPO) has announced that its agreement to outsource a lim...

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'Brexit' - Business Update

The referendum held in the UK in 23 June 2016 on the question of whether the UK should remain in the EU came down in favour of Britain exiting the EU. With the latest extended date now 31 January 2020 for the UK to exit from the EU, the UK government and the EU have continued negotiations to arrive at an agreement defining their future relationship. Such an agreement would likely contain provision for a transitional period before various changes, including those affecting EU trade marks and EU design, come into effect. However, the UK government acknowledges that a scenario in which no agreement can be reached by (the so-called ‘no-deal’ scenario) cannot be ignored and has recently produced a series of technical guidance notes to provide clarification on the nature of changes that will occur in such a scenario. This includes a Technical Guidance Note on trade marks and designs if there is no Brexit deal.

EU trade marks and Community designs registered by the no-deal deadline will continue to be protected in the UK by way of a new equivalent UK right requiring minimal administrative burden.

Those with applications for an EU trade mark, or a registered Community design, pending on 29 March 2019 will have nine-months from that date to refile for an equivalent UK right by way of the standard UK procedure and with the filing/priority dates of the EU application retained. 

Provision is also made for the rights arising from Unregistered Community Designs, whereby the UK will provide for national rights mirroring the characteristics of the EU right.

The UK's intended exit from the EU will have no effect on European patent applications which can still be validated and enforced in any of the countries that are contracting countries to the European Patent Convention (EPC). The European Patent Office is not a European Union organisation and a European Patent covers many non EU countries

WP Thompson will strive to ensure that, for its clients, Brexit, whether through agreement or ‘no-deal’ will have as minimal an effect as possible, and for general aspects please see here for our Q&A section on this topic.

Further details on all of the above will be publicised as they become available, but if you have any specific queries or concerns please contact your usual WP Thompson advisor, or email us on munich@wpt.co.uk,liverpool@wpt.co.uk or london@wpt.co.uk.