Now that Britain has voted to leave the EU, what are the implications for IP rights?
First, all UK registered rights, ie GB patents, trade marks and registered designs held at the UK IPO will be unaffected, as will copyrights.Perhaps surprisingly, patents granted by the European Patent Office are also unaffected because the EPO is not a body of the European Union.
Community Trade Marks and Registered Community Designs will continue in force for at least two years from the date on which the UK invokes Article 50 of the Lisbon Treaty to commence the withdrawal procedure.Thereafter it is likely that legislation will be introduced to extend the scope of UK law to incorporate protection equivalent to the existing EU CTM and Registered Design rights, which have aspects more favourable than the UK design law.
In summary, there is no immediate cause for concern but if you have any issues concerning IP and Brexit, please contact Taylors' head of IP Tony Catterall. Contact Tony Catterall, head of the intellectual property team at Taylors, on 01254 297900 or via email at [email protected]. Taylors is the only North West based firm to have been appointed as a legal affiliate to the National organisation Anti Copying In Design (“ACID”).