ARTICLE
31 January 2020

Brexit And Business As Usual

H
HLK

Contributor

HLK is a global cooperation combining Haseltine Lake Kempner LLP and HL Kempner Partnerschaft mbB and provides a full suite of IP services advising across the entire IPR Lifespan™ in all technical and scientific disciplines. With offices in London, Bristol, Munich, Leeds, Glasgow, and Guangzhou (China), HLK provides IP services across the globe. HLK’s resources and expertise are exclusively dedicated to IP protection: safeguarding the inventions, creative designs, brand identities and other innovations of its clients. HLK advises on the strategy, identification, protection, opposition and appeal, exploitation and enforcement of IP rights, and defends its clients from allegations of infringement by focusing on acquiring competitive advantage for its clients. HLK is privileged to work with some of the most exciting and forward-looking businesses in the world which are at the forefront of innovation and product development in their various spheres.
Following the December General Election the "Brexit Bill" legislation (based on the withdrawal agreement reached between the UK and the EU) has finally passed and the EU Parliament gave its approval yesterday.
European Union Intellectual Property
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Following the December General Election the "Brexit Bill" legislation (based on the withdrawal agreement reached between the UK and the EU) has finally passed and the EU Parliament gave its approval yesterday. The UK will therefore be leaving the EU this Friday 31 January.

This has no immediate impact on our clients or their rights. Patent rights, in any event, are covered by an entirely separate treaty that is not part of the EU.

There will be a transition period until (at least) 31 December 2020. During that time the UK will continue to be treated like an EU member state, at least in relation to EU trade marks and designs, and such rights, (both existing and new filings post 31 January) will continue to cover the UK. The so-called comparable rights – new UK "clones" of existing EUTM registrations and registered designs – will come into effect automatically, and without cost, at the end of the transition period.

For the time being then, it is business as usual and HLK is not advising its clients to take any active steps either before, or immediately after, Brexit day. New EU applications (trade marks or designs) filed in the next few months will, unless they encounter significant objections, proceed to registration before the end of the transition period, so we are not currently recommending dual UK and EU filings for reasons of Brexit alone, although that is likely to change during the course of this year.

If you require any additional information or would like to discuss any of the above, please do let a member of the HLK team know. Our earlier briefing note, with some additional details, can be found here. Please also find a link to some further information published by the UK intellectual property office here.

Regardless of the outcome of the trade negotiations between the UK and the EU, Haseltine Lake Kempner will continue to offer a complete IP service to its clients covering all EU and European as well as UK and German national rights through its UK and German offices and we look forward to continuing to work as normal with our valued clients.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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