Brexit and changes to design and trade mark law if the UK leaves the EU without a deal

As we approach the 31st October 2019 ( currently, Boris Johnson's "do or die" day for leaving the EU) and pending a new Withdrawal Agreement, we are likely to see more and more papers coming out of the UK Government dealing with the implications of a "no deal" Brexit.

On 19th September 2019, the UK Government published a helpful 29 page document explaining changes to registered design , design right and international design and trade mark law should the UK leave the EU without a deal. The document is available on the DEXEU (UK Department for Exiting the European Union)  website.

As the UK would become a "third country " following Brexit , EU laws in these key areas of intellectual property rights  would no longer apply in the UK and, therefore, the UK has taken steps to ensure that comparable locally- based UK registered designs, design rights and trade marks would rise automatically in place of the corresponding EU rights in so far as such EU rights would have applied in the UK ( with no intended prejudice to the continued validity of the EU rights within the EU territory itself). Opt-outs would apply to these new UK rights where , for whatever reason ( such as , for instance, the on-going statutory fees for maintaining those new UK rights) , the rights-holders do not want to take up such rights.

Part of the UK Government document deals with transitional issues where, for instance,  applications are in progress for the grant or renewal of EU registered intellectual property  rights at the time of Brexit, so as to try and  ensure that corresponding UK  registered intellectual property rights applications can be made.

the safeguarding of Intellectual Property rights is one of the key areas of concern in the event of a "no deal" Brexit and it is good to see the UK Government focussing on the consequences and trying to ensure that gaps in legal rights are filled.