On 28 October 2020, the United Kingdom Intellectual Property Office (UKIPO) published some important information on the situation from 1 January 2021, when will end the transition period – during which EU laws continued to apply – and the UK’s exit from the European Union will become “more real”.
What are the consequences in the field of intellectual property protection?
Brexit and European Union trademarks already registered: what will happen
On January 1, 2021 the United Kingdom Intellectual Property Office will create comparable UK trademarks for European Union trademarks that have already been registered in that date.
Each of these UK trademarks comparable to registered EUTMs will:
- be recorded on the UK Trademark Register;
- have the same legal status as if you had applied for and registered it under UK law;
- keep the same filing date as the original European Union trademark;
- be a UK trademark totally independent from its corresponding European Union trademark, namely it can be sold, licensed, renewed or challenged separately from its corresponding EU trademark
Brexit and European Union trademarks already registered: what will be necessary to do
UK trademarks, corresponding to the European Union trademarks, will be automatically created by the United Kingdom Intellectual Property Office, without the need to submit any application or to pay conversion fees.
No UK trademark certificate of registration will be issued, but it will be possible to check the status of UK trademark by logging onto the GOV.UK website and taking a screenshot as proof of your right.
Brexit and European Union trademarks filed but not registered yet at the date of 31 December 2020: what will happen
EU trademark owners will have a period of nine months to apply in the UK for the same protection, but in this case it will be necessary to pay UK applications fees and the application will be subject to UK examination.
Brexit and Registered International Trademarks designating European Union
On 1 January 2021 the UK Intellectual Property Office will create comparable UK trademarks for every international trademark (designating EU) at the date of 31 December 2020.
Brexit and International trademarks (designating EU), filed but not registered yet on 31 December 2020
Where, within the date of 31 December 2020, an application of international trademark (designating EU) has been filed but not registered, its owner will have a period of nine months to apply for the same right as a UK trademark. In this case it will be necessary to pay UK applications fees and the application will be subject to UK examination
Brexit and Copyright
The United Kingdom continues partecipating in the international treaties on copyright.
Most works protected in the United Kingdom by copyright (such as books, films and music) will continue to be protected by copyright in the European Union and vice versa.
The protection is related both to the works created before and for those created after 1 January, 2021.
However, cross-border copyrights arrangements unique to EU member States will stop for UK at the end of transition period.