UK to convert EUTMs and designs for free post-Brexit
The UK government will convert existing EU trademarks (EUTMs) and designs for free after Brexit, according to statements made during a House of Commons debate on Thursday, July 19.
“In place of those EU-level rights, 1.5 million new UK trademarks and registered designs will be granted automatically and for free,” said Robin Walker, a Member of Parliament (MP) and under-secretary of state for exiting the EU.
Walker added that EU unregistered designs will also be protected in the UK after Brexit.
As explained by the Chartered Institute of Trade Mark Attorneys ( CITMA), Walker’s announcement makes it clear that these EU IP rights will be “cloned” onto the UK register at no cost to rights owners.
Lee Curtis, partner at HGF, said Walker’s reassurance is welcome amid the political uncertainty surrounding Brexit.
Curtis said the announcement suggests that the conversion of EU rights into UK rights is “under the sole control of the UK government, not the European Commission”, as the statement was made by the UK government alone.
Walker’s comments came in response to a question asked by a fellow MP about the UK’s most recent White Paper on the country’s exit from the EU.
The 104-page White Paper, released on July 12, recognised the “essential” role of IP but failed to address the future of trademarks and designs, practitioners told WIPR.
In March, the Draft Withdrawal Agreement, which was released by the UK government and the EU, demonstrated the UK government’s intention to grant all EUTM and Community design owners an equivalent UK right at the end of the Brexit transition period, which ends on December 31, 2020.
Walker noted that the UK government wants to work with the EU “to reflect common arrangements in this space” and that the creative industries can now be confident that their IP rights will not be “diminished”.
Curtis claimed the comments mean that regardless of the UK’s final Brexit deal, EUTMs and design rights will be converted into national rights in the UK.
As such, there is “no need to duplicate EU rights in the UK now by filing duplicate design and trademark applications”, Curtis said.
Tania Clark, president of CITMA, described Walker’s reassurance as “excellent news”.
However, she noted that the UK government still needs to provide clarity on whether UK chartered trademark attorneys will continue to be able to represent IP owners at the European Union Intellectual Property Office after the UK’s departure from the EU on March 29, 2019.
A spokesperson for the UK Intellectual Property Office confirmed that, subject to the final Withdrawal Agreement, the office intends to continue protecting all existing EUTMs and designs after Brexit.
They added: "There are significant mutual benefits available to the UK and EU through IP cooperation."
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