Brexit and Trade Mark rights

Brexit may spell the end for automatic EU-wide IP protection.

The “territorial definition” of EU-registered trade marks and design rights would be affected by Brexit. It is however likely that UK and EU officials will agree a system that gives recognition to existing rights across the remaining 27 EU countries while also providing for the conversion of EU-wide rights into UK national rights.

With harmonised intellectual property rights ranging from registered trade marks and design rights to unregistered rights such as copyright and database rights, automatic EU-wide IP protection is now under threat.

While the protection scheme for these rights is unlikely to change, leaving the EU will mean that rights which cover all 28 member states will need to be transitioned to a new regime which either transposes EU rights into national rights or requires rights holders to begin afresh the process of securing IP protection in the UK and other member state.

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