European Union Intellectual Property Rights: Brexit Implications

The European Commission has recently issued a communication setting out the effect that Brexit will have on European Union intellectual property rights.

Among other things, the communication confirms that with effect from 30 March 2019 (the 'withdrawal date'):

• All existing EU trademarks, registered Community designs and unregistered Community designs will no longer have effect in the UK.
• Rights granted by the EU Intellectual Property Office on or after the withdrawal date will not cover the UK.
• International trademark and design registrations which designate the EU before the withdrawal date will only be valid in the EU and not the UK.

Two points are worth bearing in mind. First, a ratified withdrawal agreement could potentially provide for the continued application of Community intellectual property rights in the UK, or could establish a later date for such rights ceasing to apply. Second, if no agreement is reached, the question of whether