Welcome to our FAQs on Brexit and your IP. Please click the questions in the list below to read the detailed responses. If you have any questions about Brexit and your IP portfolio that aren't covered below, or would like to speak to an IP adviser for detailed responses, don't hesitate to get in touch with our Brexit taskforce.
Cloning of EU rights
Use and reputation
- UK perspective:
- EU perspective:
If a corresponding UCD was established before 1 January 2021 through first disclosure in the EU but outside of the UK, this will not affect the validity of the continuing unregistered design.
- people resident in the UK or a qualifying country
- businesses formed under the laws of the UK or a qualifying country
Where qualification is a result of first marketing, you will need to have disclosed your design in the UK or a qualifying country.
It is not possible to have ‘dual disclosure’ of a design in both the UK and the EU, first disclosure can only be in the UK or EU. Protection will be given in the jurisdiction where first disclosure of the design occurs.
Supplementary Protection Certificates (SPCs)
- MAs which have been converted from existing EMA MAs: valid across the whole UK;
- MAs granted by the EMA: valid for NI;
- MAs granted by the MHRA: valid in England, Scotland and Wales only.
The need to file evidence of use can crop up in many cases and the requirement to show historic use can cause problems for businesses. Failure to provide adequate evidence could have a devastating impact on a case. Vanessa Harrow explains why preparation is so crucial and provides some best practice advice.
The EPO’s Enlarged Board of Appeal has issued its highly anticipated decision on the patentability of computer-implemented simulations. Martin Kohrs examines the decision and its implications.
In our white paper 'Best practices in trademark auditing: a practical guide', we set out the steps to take to put a trademark auditing programme in place that will help your business to streamline and exploit its portfolio.