HGF will continue to advise and to act for our clients in all
aspects of patents, trade marks and designs across Europe and will
put in place strategies to enable our clients to address the
changing landscape in Europe.
The headline points to note in respect of IP rights are
UK national IP Rights will not be
affected by UK exit from EU
Patents obtained via the EPO, which
is not an EU institution, will not be affected by UK exit from the
EU registered trade marks and
registered designs, which currently cover the UK, will remain in
place and enforceable in the UK until new provisions are put in
place to give them continuing, or corresponding, effect in the
It will be business as usual for some time as it is likely to be
several years before the UK exits from the EU. In the coming months
and years, there will be changes to address the UK's
departure; new processes will be put in place to continue your
rights as before. We shall be keeping you informed on these steps
as developments unfold.
UK national IP Rights will be unaffected by UK exit from the EU.
All UK patents, UK registered trade marks and UK registered designs
obtained by application to the UKIPO will continue to have full
effect in the UK.
The European Patent Convention and the European Patent Office
(EPO), are not EU institutions and there is no change to
representation before the EPO in all respects. We will continue to
attend to validation of a European patent in all designated
countries including the UK. We will handle designation of a
European patent as a Unitary Patent for the EU when the Unitary
Patent provisions come into force. However, these provisions may be
delayed as a consequence of Brexit.
When the UK exits the EU, there will be new processes available
to protect or maintain IP rights in the UK. New provisions will be
put in place and we shall keep you informed. We shall continue to
act for clients before the EUIPO in respect of European registered
trade marks and registered designs. No action is required by you at
this point. We shall ensure you are informed when action is
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.
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The focus on the product being obvious or anticipated as at a certain date provides powerful protection and commercial certainty without conflicting with a patentee's ability to obtain patent protection.
The High Court considered a claim by Azumi, the owner of high-end Japanese restaurant Zuma against Zuma's Choice Pet Products Limited (ZCPP) and its director Zoe Vanderbilt for trade mark infringement.
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