Brexit & Designs

UK national design registrations will be unaffected by Brexit.  Registered Community Designs (RCDs) and the related Unregistered Community Design right, however, are governed by an EU Regulation.  The Withdrawal Agreement provides, similarly to the position with EU trade marks, that the holder of a Registered Community Design that has been registered by the end of the transition period (or, if publication has been deferred, published by the end of the transition period) shall be automatically granted an equivalent UK national registered design for the same design.

Holders of a right in relation to an unregistered Community design which arises before the end of the transition period shall automatically become the holder of an equivalent UK right affording the same level protection.

The regime regarding profession representation will also be very similar to that for trade marks.  Due to our long-established presence in France and Luxembourg, Marks & Clerk’s ability to represent our clients before the EU Intellectual Property Office will be unimpeded.

If you have any questions regarding the impact of Brexit on your intellectual property rights, please contact your usual Marks & Clerk advisor or, alternatively, you can direct your question to the chair of our Brexit committee, Graham Burnett-Hall.

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