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Brexit and IP: Finally Some Real News, and What It Means for Attorneys
Much has been written about what will happen to EU-wide IP rights after Brexit — and whether, and how, the protection given by those rights will be maintained in the UK. Finally, we have some clarity about what is going to happen.
On March 19, 2018, the European Commission published an updated version of the “Draft Agreement on the withdrawal of the [UK] from the [EU].” This draft Withdrawal Agreement is color-coded, with terms that have been agreed by the negotiators (and which are subject only to technical legal revisions) shown in green.
Some of the green terms relate to EU-wide IP rights, specifically: European Union trademark (EUTM) registrations, registered community designs (RCDs), unregistered community design rights (UCDs), database rights, and granted community plant variety rights (CPVRs). Applications for such rights are also dealt with, as are international registrations of trademarks designating the EU.
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