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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This question was asked as part of our webinar on managing the legal risks of export. You can watch the recording of this webinar at:

https://opentoexport.com/webinars/managing-the-legal-risks-of-exporting/

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http://www.export.org.uk/page/TrademarkVideoSeries

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Virtuoso Legal are a boutique firm of world class intellectual property solicitors. Over the past 10 years they have successfully represented clients in hundreds of intellectual property matters.

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