Brexit & Designs
Design protection in the UK comes in 2 forms; EU wide rights and national UK rights. After Brexit, Registered EU Community Designs (RCDs), Unregistered Community Designs (UCDs), and protected international trademark and design registrations designating the EU will no longer be valid in the UK but these rights will be immediately and automatically replaced by UK rights.
On 1 January 2021, the UK IPO created a re-registered design for every Registered Community design (RCD). Each of these rights will:
- be recorded on the UK designs register
- have the same legal status as if you had applied for and registered it under UK law
- keep the original RCD filing date
- keep the original priority date
- be a fully independent UK design that can be challenged, assigned, licensed or renewed separately from the original RCD
Businesses, organisations or individuals that have applications for RCDs which are either not registered or have deferred publication at the end of the transition period, will have a period of nine months to apply in the UK for the same protection. In this case UK application fees will be payable, and the application will be subject to UK examination requirements.
Unregistered design rights
Unregistered community designs that arise before the end of the transition period will continue to be protected in the UK for the remainder of their three year term through continuing unregistered designs.
From 1 January 2021, a supplementary unregistered design (SUD) will become available in UK law.
The SUD will provide similar protection to that conferred by the unregistered Community design, but for the UK only.
The SUD will be established by first disclosure in the UK or another qualifying country. First disclosure in the EU will not establish a SUD right. It could destroy the novelty of the design should you later seek to establish UK unregistered rights.
Business will need to consider carefully where to disclose their products to ensure they have adequate protection in their most important market.
With offices in 6 European countries, HGF is ideally placed to assist clients continue to handle all EU and national trade mark, design and other intellectual property matters where we operate in Europe, as we do now. We will continue to be your trusted advisors and representatives throughout Europe.
If you have any questions or concerns about design rights post Brexit, or would like further advice on this matter, please contact your usual HGF attorney.