Brexit And Designs: 9 Key Things To Know

On 31 December 2020, the Brexit transition period comes to an end, and significant changes to the law in the UK will take effect.

For designs and the law in relation to designs, there are some important soundbites for businesses to be aware of – some of which you may already have heard about, while others may be news outside the UK (even for experienced designs lawyers):

1. All EU-wide designs existing on 31 December 2020 will automatically be cloned into a UK right that maintains the same term and technical scope of protection as the existing EU-wide right. This applies to (unregistered) Community Design Rights, Registered Community Designs, and international registrations designating the EU. Extracted registered rights will also maintain the application and registration dates of, and the same claim of priority as, its parent existing right.  There will be no fee for the creation of any such UK right. However, for registered rights, at the first renewal date from 1