Do we need to re-apply to register designs in the UK after Brexit

Question

Can you clarify on registered design – if we have an EC registered design now do we need to re-apply to register in UK after Brexit or will it be duplicated?

Answer

  • This is one of the areas that is perhaps most unclear when it comes to Brexit. There have been overtures that suggest this could go either way.
  • The EU have stated their desire for EU design rights to be enforceable in the UK after Brexit – but the UK have not, as of yet, offered any particular stance.
  • What can be said as a matter of fact, however, is that within this uncertainty, applications for registered UK design rights have increased by 95% (coinciding with the UKIPO reducing their fees).
  • As a result, it seems to be the most prudent course of action to register in the UK as well – to avoid any doubt when it comes to the status of key designs.

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