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ARTICLE · 07 AUGUST 2019

What does a No Deal Brexit mean for your trade marks?

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Article explains that, with or without a deal, there is likely to be an orderly transition of IP rights between EU & UK.

AustraliaIntellectual Property
Eric Ziehlke
Eric Ziehlke
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Recent political changes in the United Kingdom have raised the prospect of a 'no deal' Brexit as a serious possibility. It is important to emphasise that even in this situation, there is likely to be an orderly transition of trade mark and other intellectual property rights between the EU and the UK. This transition will be based on the creation of duplicate UK rights for all registered EU trade marks. As a sovereign nation, the UK has the power to create and enforce such UK rights independent of the EU.

The European Union (Withdrawal) Act received Royal Assent on 26 June 2018 and is now law. The Withdrawal Act is intended to ensure that the UK exits the EU with certainty, continuity and control. The proposed Withdrawal Agreement between the UK and the EU has been rejected by the British Parliament, but the EU has granted a six months extension to 31 October 2019 ('Brexit Day') for the UK to withdraw from the EU. It is possible that the UK will ncompaegotiate a

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