BREXIT – Commission Consistent With IP Industry Demands

In preparation of Brexit, the European Commission published its Draft Withdrawal Agreement on 28 February 2018, which sets out the arrangements for the withdrawal of the United Kingdom (UK) and Northern Ireland from the European Union (EU). Title IV of the Withdrawal Agreement is in Articles 50 to 57 suggesting a framework for continued protection of intellectual property in the United Kingdom after Brexit.

The suggested provisions on intellectual property are preserving the interest of the industry in maintaining legal positions obtained by registered or granted EU rights. Holders of European trademarks, community designs and community plant varieties, registered or granted before the end of the transmission period (31 December 2020),shall become the holder of a comparable registered and enforceable intellectual property right in the UK. Such right is to be obtained automatically without re-examination, providing the priority of the Community right to be free of