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After the referendum of last 23 June and the British citizens’ decision for the United Kingdom to leave the European Union (Brexit), the assumption is that said decision, apart from economic, social and politic consequences, will affect the industrial property figures, like the Unitary Patent, the European Union Patent, the Community Design, the European Register of Plant Varieties or the domain name .eu.
[/vc_column_text][vc_heading title=»In general, and taking into account that the relevant negotiations on the adaptation to the new scenario are still pending:» type=»h4″ style=»style1″ text_transform=»Default» align=»left» margin_bottom=»20″][vc_column_text]
1.- The European Patent, in principle, will not be affected as it is a non-EU international agreement. The Unitary Patent, on the contrary, will indeed be affected by the Brexit.
2.- Community figures like the European Union Trademarks, Community Designs or European Register of Plant Varieties will also be affected, so it will be necessary to determine their adaptation to this new scenario.
[/vc_column_text][vc_heading title=»Concerning European Union Trademarks and Community Designs we must remark that:» type=»h4″ style=»style1″ text_transform=»Default» align=»left» margin_bottom=»20″][vc_column_text]
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European Union Trademarks cover all the member States, on the basis of the unity principle of said trademarks.
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When a country enters the European Union, the Community Law (and the European Union Trademarks are Community Law) is assumed. Thus, all the registered European Union trademarks are automatically in force in any new country joining the Union.
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The fact that a Community Country ceases being it, is not an easy path.
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In this case, the United Kingdom exit implies that the Community Law (European Union Trademarks) will not technically have force in this territory, since it will not be a Member State.
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We may pay attention to the disengagement process that is now initiating and to its legal effects, but we understand that some provisional systems may be established, in which the European Union Trademark holders will not lose their trademark rights currently in force in the United Kingdom. Maybe, there should be some kind of national trademark conversion or preference in a new trademark, maintaining the filing date of the European Union Trademark currently in force in this territory.
Apart from these appraisals, we must take into account the amendments and negotiations in judicial issues – the UK courts will not be regulated by the European Union -, administrative matters, as well as border measures and other commercial rights.
Having said this, in our opinion and to avoid uncertainty, we recommend to the trademark owners who are interested in this territory, to register their trademarks as national trademarks in the United Kingdom. From PADIMA we will be more than happy to study your case and determine the possible scenarios to maintain the protection and defense of your innovation and creativity after the Brexit.
[/vc_column_text][vc_cta_button style=»style3″ shadow=»yes» bg_color=»#ffffff» call_text=»Brexit and Intellectual Property» title=» » target=»_self» color=»default» size=»default» position=»right» icon=»icon-blandes-like»]Should you want us to analyze your protection, please contact us without any obligation to info@padima.es
We will be happy to nurture your uniqueness in the EU and the UK[/vc_cta_button][/vc_column][/vc_row]
