Expect “delays” in re-registering international designs, IPO warns

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Re-registered international designs may not immediately appear in the UK’s official intellectual property register after the Brexit transition period ends, it has been warned.

According to the Intellectual Property Office (IPO), there will be a “delay” in updating UK systems after the UK leaves the EU on 31 December 2020.

However, holders of these rights will “not be disadvantaged” as re-registered UK designs will still have “effect in law” from the end of the transition period.

The announcement comes after the IPO confirmed that international designs designating the EU will continue to have protection in the UK under the terms of the Withdrawal Agreement.

This will be achieved by recreating a UK design for every International design (EU) that retains “identical rights” to the original design.

Commenting on the changes, the IPO said: “Where an international design designating the EU has been applied for, but is not yet protected or where the publication has been deferred, the holder will have a period of nine months to apply for the same right as a UK design.”

Businesses can choose to “opt out” of the re-registering process by following this guidance.

Luke Morgan, a Partner with Palmers who specialises in Intellectual Property matters, said: “It is important for UK businesses to ensure that the intellectual property right are fully protected post-Brexit.

“At Palmers Solicitors, we provide clear and frank advice on protecting, licensing or transferring IP rights, along with the action that should be taken if a dispute occurs relating to your brand.”

For help and advice with all aspects of Intellectual Property, please contact us.