The UK is due to leave the European Union on 29 March 2019. If the UK is a key market for you, it is important that you think about the following points. We will be happy to answer any specific queries you may have.

The following points will help ensure you are not caught out by Brexit implications resulting in potential loss of UK rights, duplication of costs for cloned UK rights and Registered Community Designs (RCDs) and territorial uncertainties in agreements. It is also a good opportunity for you to review your EU and UK design protection and ensure that it is fit for purpose.

  1. RCD renewals due after 29 March 2019 (and within six months thereafter) - Renew before 29 March 2019 to ensure no duplicate renewal fees for cloned UK right, as well as RCD registration.
  2. Pending RCD applications - Focus on completing the registration process before 29 March 2019. Also consider requesting that RCD's with deferred publication be published before 29 March 2019. This will avoid additional costs associated with refiling in the UK.
  3. Nine month deadline - Record 28 December 2019 deadline against any pending RCD applications (as at 29 March 2019) to prompt re-filing for separate UK right. We shall issue reminders for any pending RCD applications.
  4. Co-existence, licences, agreements, undertakings – Review Territory definitions to ensure UK remains if that was the intention.
  5. File RCD and UK applications now if deferring publication – It is unclear how an RCD will be treated the day after Brexit if publication has been deferred beyond 29 March 2019. To ensure valid UK rights subsist after Brexit when deferring publication, consider filing parallel RCD and UK applications now. We can offer a discounted tariff for an RCD/UK application 'package'.
  6. UK/EU Portfolio review/consolidation – Now may be a good time to review RCD protection as against potential new UK filings to ensure appropriate and adequate protection.
  7. Hague Agreement applications – If the EU is designated but the UK is not, consider separately applying for UK protection to ensure a valid UK right exists (it is currently not clear how WIPO will ensure UK protection is maintained if only the EU is designated).
  8. Unregistered Community Design Right – Although it is proposed that a new UK supplementary unregistered design right will be introduced to protect unregistered designs in the UK on the same basis as unregistered Community design rights, the new right will only provide protection in the UK for designs first disclosed in the UK and, after 29 March 2019, unregistered Community design right will only be available for designs first disclosed in the EU27 member states. Thus, consider both the location of first disclosure for unregistered design rights after Brexit and parallel registered design applications in Territories not covered by such unregistered design rights.
  9. Rest assured that Marks & Clerk LLP will be able to provide ongoing advice in relation to all EU Design matters through our network of EU offices.

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.