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21 August 2017Trademarks

The UKIPO talks Brexit

It is fair to say the past 12 months in British politics have been some of the most volatile in modern times.

Following the UK’s narrow vote in June 2016 to leave the EU, Prime Minister Theresa May—who replaced David Cameron after his resignation immediately after the result was announced—finally invoked article 50 of the Lisbon Treaty in March 2017.

This formally triggered the UK’s two-year exit process from the EU, during which the divorce process and the future relationship will be established, but in the meantime, much uncertainty prevails.

Such uncertainty is unpopular with many, not least IP owners. Like other legal stakeholders, they crave clarity and certainty in order to operate effectively, and any ounce of murkiness can be worrying.

Central to protecting trademark owners’ interests in the Brexit negotiations is the UK Intellectual Property Office (UKIPO).

Sean Dennehey, deputy CEO at the UKIPO, leads the organisation in helping trademark owners.

“First and foremost, I’d like to emphasise that the domestic UK systems for protecting trademarks and designs are not affected by the decision to leave the EU,” he says.

“Nor is the service we provide to customers—the UKIPO is as committed as ever to providing a timely and high-quality service, despite increasing demand.”

He adds that while the UK remains a full EU member, EU trademarks (EUTMs) and registered Community designs (RCDs) continue to be valid in the UK.

Dennehey says that the UK’s exit from the EU will “undoubtedly mean some changes to the IP landscape that we’ve become used to”.

“I know that EUTM and RCD owners have concerns over the continued validity of their rights in the UK after exit,” he adds.

“An essential aspect of our work leading up to the UK’s departure from the EU will be preventing any disruptive ‘cliff-edge’ and providing businesses with the legal certainty they need to continue trading successfully.”

In August 2016, the Chartered Institute of Trade Mark Attorneys mapped out seven possible options to prevent the loss of rights in the UK.

These seven models are ‘UK plus’, the ‘Jersey model’, the ‘Montenegro model’, the ‘Tuvalu model’, veto, the ‘Republic of Ireland model’, and conversion.

The Montenegro model, for example, would mean that “all existing EUTM registrations would be automatically entered on to the UK trademark register as UK trademark registrations with the same scope of protection, registration date and, where applicable, priority and seniority.”

The conversion system would resemble the existing mechanism for conversion of EUTMs into national applications, with the newly created applications retaining the application date of the EUTM registration and undergoing a full examination at the UKIPO.

The search for clarity

“Rights owners will want clarity over the long-term coverage of their trademarks and designs, including any potential transitional arrangements,” says Dennehey.

To help them, the UKIPO has launched a dedicated section on its website called “IP and Brexit: The facts”.

One of the important points listed is that the UK’s exit from the EU will not affect the current European patent system, which is governed by the (non-EU) European Patent Convention.

“UK businesses can continue to apply to the European Patent Office for patent protection which will include the UK. Existing European patents covering the UK are also unaffected,” it says.

This website will be updated throughout the policy-making process and act as a useful signpost for people to get accurate information as soon as it becomes available, Dennehey says.

He adds that the UKIPO “is interested in hearing any views, and values stakeholder input” in the Brexit process.

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