The finalised Withdrawal Agreement: Brexit

Intellectual Property (IP) Update

With the confirmation that the UK has ratified the Withdrawal Agreement, it is expected that February 2020 will bring about significant changes to the EU and it is ripe time to analyse the consequences.

Regarding IP, as already foreseen in the no-deal scenario, EU IP rights will continue to be protected in the UK after Brexit. Therefore, holders of IP rights which have been registered or granted before the end of the transition period will become the holder of a comparable UK right.

The Withdrawal Agreement establishes a transitional period, starting on the 1st February, ending on the 31st December 2020. During the said period, EU law remains applicable to, and within the United Kingdom. Therefore, as things stand, EUTM Regulations remain applicable until the end of the year and all substantive and procedural provisions relating to the EUIPO shall remain effective.
Consequently, all proceedings before the EUIPO that involve grounds of refusal arising from UK rights or involving parties or representatives domiciled in the UK will continue until the end of the transitional period.