Post Article 50: any closer to IP clarity?

In the form of a letter received on 29^th March, Theresa May notified the European Union that the UK is invoking Article 50 signalling the start of the Brexit negotiation process.

Before this, it was unclear how intellectual property rights would be affected by Brexit, but has there been any clarity after the first formal step to a separation?

Well, unfortunately not.

The position of the UK rights is likely to stay as they are, however it is unclear how existing EU rights will translate after the UK will no longer be a member of the EU.

The general view is that there will be a transitional period in which any existing trade marks can be converted to the newly created EU trade mark which will remove the protection in the UK. It is yet unknown if the owners will then grant an equivalent right in the UK from the original date of filing.

There is a potential that this will carry a fee for which the trade mark owners will be liable.

There is a period of 2 years, which can be extended, for the UK and the EU to agree the exit deal. Therefore, all should be clear regarding the impact on IP in general, and especially trade marks.

For now, though, it is business as usual. No changes are due to take place before the full negotiation has occurred.

Therefore, as a trade mark owner you do not need to take any action as of yet. However, please do contact The Trademarkroom so you are notified as soon as any changes are due to take place.

Please contact Jane Coyle at The Trademarkroom through email jane@trademarkroom.com or by phone on 02380 000190

By Ellis Sweetenham