December 31, 2020 and, therewith, the end of the transitional period for the Brexit is approaching. Now, slowly the picture for existing intellectual property rights as well as new applications begins to show.
The European Patent Convention (EPC) is not affected by the Brexit because it is an agreement under international law. However, the Brexit has implications for the planned European Patent with Unitary Eeffect as well as the Unified Patent Court. On July 20, 2020 the United Kingdom has carried out the final preparations for withdraw of the participation on the corresponding project. Hence, according to our view it has to be expected that the already difficult process for the European Patent with Unitary Effect as well as the Unified Patent Court will take considerable further time.
In Contrast, the Brexit has direct implications for European Union Trademarks as this concerns European Union law.
It is questionable how the implications for European Union trademarks will be. For the time until December 31, 2020 the exit agreement between the European Union and the United Kingdom provides that European Union trademarks and registered community Designs are in force. As with the end of the transitional period, all applications, which have not been finally processed, will not be in force for the United Kingdom. All existing rights are the only valid for the member states of the European Union. The latter also applies for not registered Community designs.
Owners of existing European Union trademarks will become automatically owner of a new U.K. trademark after the transitional period. Such a new U.K. trademark will not be again examined and will be registered comparable and enforceable like the European Union trademark. Such a mark may not be revoked with the reason in that the mark has not been used seriously in the United Kingdom before the end of the transitional period. A similar provision is provided for registered Community designs. Similar provisions will apply, for international registered marks and designs, for which the European Union is designated. Besides, further provisions have to be provided, for example for the representation as well as the competences of courts. Detailed information is available under ec.europa.eu/info/publications/trade-marks-and-designs.
For pending European Union Trademark applications, according to the information page of the United Kingdom Intellectual Property Office, Applicants can apply for registration of corresponding U.K. trademark within a translation period of nine months with out losing the priority of the European Union Trademark application.
