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How Entertainment and Media Brand Owners Can Prepare for Brexit Scenarios
Following the “Brexit” vote by the United Kingdom signaling its intent to leave the European Union (EU), there was a rush of speculation and guesswork about how EU trademark and design rights would be treated with respect to the UK after the 2019 Brexit. Brand owners, such as those in the entertainment and media industries, faced uncertainty about whether they needed to make parallel trademark filings in the UK, and what they needed to do protect their rights and their businesses. Most practitioners assumed that some provision would be made to ensure continuity during the transition, but it was largely guesswork at that time.
What progress has been made and what obstacles remain to a smooth transition? How will these changes impact brand owners with EU or UK trademark properties? The good news is that a roadmap has been drawn and largely agreed upon by both the UK and EU. However, other non-trademark issues still threaten to derail the ratification of these plans. Thus, brand owners need to be mindful of both the withdrawal progress and the status of their brands in order to ensure continuity of protection.
In March 2018, the EU published a draft agreement on the withdrawal. The draft proposed specifics for the “Continued protection in the United Kingdom of registered or granted rights.” On July 12, 2018, the British government published its own “white paper,” setting out its blueprint for the future relationship between the UK and the EU. British Prime Minister Theresa May made the point in this white paper that the United Kingdom will “leave the EU, without leaving Europe.” Shortly thereafter, on July 23, the United Kingdom Intellectual Property Office (UKIPO) updated its website with a guide called “IP and BREXIT: The facts.” The guide set out the UK's position on the transition and its impact on trademarks, designs, patents, copyrights and enforcement.
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