ARTICLE · 17 APRIL 2018

Protection Of IP Rights Post-Brexit

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The UK and European Union have reached an agreement that owners of EU trade marks, Community designs and Community plant variety rights will have their rights protected in the UK ...

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The UK and European Union have reached an agreement that owners of EU trade marks, Community designs and Community plant variety rights will have their rights protected in the UK after the expiry of the post-Brexit transition period.

A draft agreement between the UK and EU was announced on 19 March 2018 and published here. In this, it was agreed that the UK would remain part of the EU until at least 31 December 2020. The draft agreement also includes provisions for the ongoing protection and enforcement of EU trade marks, Community designs and Community plant variety rights after the end of the transitional period.

Whilst the agreement is a draft, it should be noted that the provisions relating to EU trade marks, Community designs and Community plant variety rights are agreed at a negotiators’ level, so are only subject to technical amendment. The agreement provides at Article 50 that:

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