The updated Intellectual Property section of our Brexit Legal Guide is now available.
This provides a useful overview, amongst other things, of whether at the end of the transition period:
- existing EU trade marks will continue to have effect in the UK;
- the EU Trade Mark Regulations 2017/1001 will continue to apply to existing proceedings in the UK in relation to existing EU trade marks;
- EU trade marks that expired within 6 months before the end of the transition period are to be treated as if they were an existing EU trade mark;
- there will be mutual recognition for broadcasting rights and continued portability;
- new sui generis database rights in the EEA will arise where the creators are not EEA based;
- UK designated European patents will continue to apply in the UK; and
- EU law predating the end of the transition period is likely to be applied by UK courts insofar as relevant to retained EU law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
