Impact of the UK’s withdrawalfrom the EU – EUTMs and RCDsOn 29 March 2017, the United Kingdom (UK) notified its intention to leave the European Union (EU).As a consequence, unless a withdrawal agreement is ratified or another date determined by the European Council, in agreement with the UK, the UK will become a third country and EU law will ex lege (Article 50(3) TEU) cease to apply to the UK (so called “hard Brexit” scenario).The withdrawal day is currently set for 30 March 2019.This section contains the relevant information on how the EUIPO intends to handle the circumstances in which EUTM and RCD Regulations would cease to apply to the UK as from the withdrawal day.
情報源: Brexit Q & A -EUIPO
Information on the numbering system for comparable UK trade marks after the UK exits the EU.
This guide offers information on the future of intellectual property (IP) laws following the decision that the UK will leave the European Union (EU).
Delivering the deal negotiated with the EU remains the government’s top priority. This has not changed.However, the government must prepare for every eventuality, including a no deal scenario. For 2 years, the government has been implementing a significant programme of work to ensure that the UK is prepared to leave the EU on 29 March 2019.
Politicians are creating a great degree of chaos for trademark attorneys, according to the Rt Hon Lord Chris Smith of Finsbury, chair of Intellectual Property Regulation Board
On 14 November 2018, the UK government and the European Commission agreed in principle the terms of an Agreement between the UK and the EU setting out the terms of an orderly withdrawal of the UK from the European Union. The full text of the Withdrawal Agreement can be viewed in this link, with matters relating to intellectual property being set out in particular in Articles 54 to 61.
The impact Brexit will have on IP law is still unclear, even today. With less than half a year to go until Brexit day, we cannot help but wonder where IP law stands.
Dennemeyer Annual Meeting 2018 – Part 06 – Brexit and trademarks, 22:55
Brussels, Angers, 23 January 2018 NOTICE TO STAKEHOLDERS WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF UNION PLANT VARIETY RIGHTS
The UK government has outlined its intention to offer EU registered trademarks a UK equivalent post-Brexit.In its latest draft agreement on the withdrawal of the UK from the EU, the UK revealed that it would create an equivalent cloned right during the Brexit post-transition period, which is planned to last from 29 March 2019, to 31 December 2020.
Notice on the withdrawal of the United Kingdom from the EU – EUTMs and RCDs The European Commission has prepared a Notice, countersigned by EUIPO, to holders of and applicants for European Union trade marks and Registered Community Designs in the context of the notification of the intention of the United Kingdom to withdraw from the European Union, submitted on 29 March 2017. This Notice corresponds to a potential scenario in which no agreement is reached by the negotiating parties.
情報源: News – EUTM
NOTICE TO HOLDERS OF AND APPLICANTS FOR EUROPEAN UNION TRADE MARKS PURSUANT TO REGULATION (EU) 2017/1001 ON THE EUROPEAN UNION TRADE MARK AND TO HOLDERS OF AND APPLICANTS FOR COMMUNITY DESIGNS PURSUANT TO REGULATION (EC) NO 6/2002 ON COMMUNITY DESIGNS
The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement establishes another date or the period is extended by the European Council in accordance with Article 50(3) of the Treaty on European Union, all Union primary and secondary law will cease to apply to the UK from 30 March 2019, 00:00h (CET) (“the withdrawal date”). The United Kingdom will then become a “third country”.
Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, EU rules on EU trade marks and Community designs will no longer apply to the United Kingdom. As a result, EU trade marks and registered Community designs registered in accordance with Union law (Regulation (EU) 2017/1001 on the European Union trade mark and Regulation (EC) No 6/2002 on the Community designs) as well as unregistered Community designs made available to the public in the manner provided for in Union law (Regulation (EC) No 6/2002) before the withdrawal date will continue to be valid in the EU27 Member States but will no longer have effect in the United Kingdom as from the withdrawal date. Any application for an EU trade mark or for a registered Community design pending before the withdrawal date will no longer cover the United Kingdom as from that date. Any right granted by the European Union Intellectual Property Office on or after the withdrawal date will only cover the EU27 Member States. All existing seniority claims in EU trade marks based on national trade mark rights in the United Kingdom will cease to have an effect in the EU as from the withdrawal date.
In addition, the holders of international registrations of trade marks and designs having designated the European Union before the withdrawal date pursuant to the Madrid system for the international registration of marks, and the Hague system for the international deposit of industrial designs, should consider that, as from that date, those international registrations will continue to be valid in the EU27 Member States only and thus will no longer have effect in the United Kingdom. In this regard, holders of a European Union (EU) trade mark pursuant to Union law or of a registered Community design or of an unregistered Community Design pursuant to Union law, all applicants for an EU trade mark or for a registered Community design or any business operator who can potentially rely on such Regulations (hereinafter referred to as ‘right-holders and applicants’) are reminded that preparing for the withdrawal is not just a matter for European Union and national authorities, but also for private parties. In view of the considerable uncertainties, in particular concerning the content of a possible withdrawal agreement, all right-holders and applicants are reminded of certain legal repercussions stemming from currently applicable rules of Union law when the United Kingdom becomes a third country, and which need to be considered and anticipated.
In particular, the following should be considered by right-holders and applicants:
Natural or legal persons that are domiciled or have a seat in the United Kingdom only will have to be represented before the European Union Intellectual Property Office in accordance with Article 120(1) of Regulation (EU) 2017/1001 (on the
European Union trade mark) and Article 78(1) of the Regulation (EC) No 6/2002 (on Community designs) in all proceedings provided for in those two Regulations, other than the filing of an application for an EU trade mark or an application for a registered Community design.