Trademarks and intellectual property – where are we now?
It seems like Brexit, along with COVID-19, dominated 2020 and it is likely to be the same in 2021. Yes, we have now left the EU but what about the fallout, the laws and regulations that will change? The truth is we don’t have all the answers right now – but we do have some hence the reason for this blog.
What is intellectual property?
If you haven’t already read Kate’s blog about intellectual property head on over and take a look. In this blog “Intellectual Property Rights – Do you Protect Yours?” she explains all about intellectual property and what it is.
How will intellectual property be affected?
If you have a trademark you are probably already familiar with the fact that a European Trademark covers all EU Member States. With the United Kingdom having left the EU on 1 January 2021 where does this leave your trademark?
Thankfully the UK Intellectual Property Office will automatically convert all existing European Trademarks into a UK registration. So you don’t have to do anything to remain protected.
However, it is noteworthy that pending Trademarks, as at 1 January 2021, will not automatically be registered. Instead, you will need to refile your application. New applications will be very similar to those made in 2020 with the exception that applications will need to be made to both the UK and the EU. If the latter protection is required.
What about patents?
Those of you who are familiar with the patent world would have heard of the Unitary Patent System. This was something the EU was working towards. Initially, it was thought that the UK would participate in the same when the system was up and running. But this is no longer the case. Instead, the UK will maintain its own system and a separate registration will be required.
How about designs
Designs will be treated in a similar way to Trademarks. Namely that a separate registration after 1 January 2021 is needed and existing registrations will be transferred. This means that your current European Design Right will become a re-registered design with the UK Intellectual Property Office.
Copyright
There is no plan to separate this area out. This is on the basis that the UK is a party to the Berne Convention. This governs international copyright and accordingly at this point in time it remains unaffected. Whether it will stay this way in the longer term remains to be seen. We will, of course, keep you updated as and when new information becomes available.
Litigation and infringement
This is a complex area of law and something that will not be simple. The UK no longer has the authority to bind or grant pan-EU relief and accordingly, any litigation will need to be bought in the UK. If the infringement takes place in the EU it will need to be bought in an EU member country.
Do you need to consider anything else?
Like with all changes in laws and regulations you need to set aside time to consider your documentation. We highly recommend you review your existing licences, agreements and applications relating to IP. Consider whether you have adequate protection and a good tip, if you have a EUTM (European Trade Mark), is to ensure that you regularly use them. Now is more important than ever to ensure you use them not just in the UK, but also the other EU Member States.
If you need any assistance in checking your agreements, whether they are intellectual property or other legal documents, please do contact us. We can review your documents, or indeed draft them, to ensure you are adequately protected, from recent changes in law. Why not also have a read of our blog on how important contracts and agreements are in business.