Brexit and the General Election

Brexit and the General Election

What will happen with intellectual property after Brexit has been known for some time, but no one has been sure whether these changes would ever actually take effect, or, if so, when.  But now we do.  The votes are cast in the 2019 General Election, and the results are in.  We know that the Conservative Party has won another five years in power, and that, going forward, it can rely on support from a large majority of elected members of Parliament. 

This has three important consequences as far as intellectual property (IP) in the EU and the UK is concerned.  Firstly, Brexit will happen.  There no longer can be any doubt.  Secondly, a “no deal” Brexit is no longer a realistic possibility.  For IP, this means that the UK will not suddenly be outside the EU trade mark and design systems on 31st January 2020 (the date the current extension of the UK’s membership of the EU expires).  Thirdly, although the UK will now leave the EU on 31st January 2020 (barring something extraordinary happening), there will be a transition period until at least 31st December 2020 during which, the UK will remain part of the EU trade mark and design systems.  In other words, it will be “business as usual” for the next twelve months.

However, we think it is important to use the next twelve months wisely.   Brexit will not affect patents.  But, trade marks and designs will be affected.  Over the next twelve months, we will report on what Brexit will mean if you have trade marks and designs.  Our trade mark and design teams have been brainstorming the practical and commercial implications of the Brexit changes and there are things we think you should do and think about over the next twelve months.  We will be reporting on these in a timely fashion as we go through 2020.

As most of you know, we in Wynne-Jones are lucky because we can handle both UK and EU work after Brexit through AIPEX, our European IP firm.  You can come to us and we can look after everything for you in both territories. 

So, we look forward to working with you in the year ahead, and, in the meantime, we’d like to take this opportunity to thank you for your support this year, and wish you a very happy and successful 2020.

Related News

news

Coronavirus - UK IPO, EPO and EU IPO extensions and support

A simple overview of the current status from IPOs. Last updated 16th March 2020. 

EPO announces extensions to deadlines due to COVID-19
news

EPO announces extensions to deadlines due to COVID-19

On Sunday 15 March 2020 the EPO published a notice advising it is invoking the provisions of Rule 134(2) EPC, and has extended all periods expiring on or after publication of the notice to 17 April 2020. This may be extended by the EPO upon publication of a further notice.

EUIPO extends all deadlines for Community Design and European Union Trade Marks
news

EUIPO extends all deadlines for Community Design and European Union Trade Marks

The Executive Director of the EUIPO has today (16 March 2020) issued a decision regarding extensions for all time limits on trade mark and design matters at the EUIPO. In accordance with the decision, all time limits expiring between 9 March 2020 and 30 April 2020 inclusive are extended until 1 May 2020.

news

UK IPO announces support for those affected by coronavirus

In brief, the UK IPO has indicated that it will use its discretionary powers (on a case-by-case basis) to extend time limits where possible under national and international law.

*Update* “EPO Board of Appeal finds Broad Institute’s CRISPR patent to lack valid priority claim and upholds revocation of patent (T 0844/18)”
news

*Update* “EPO Board of Appeal finds Broad Institute’s CRISPR patent to lack valid priority claim and upholds revocation of patent (T 0844/18)”

Earlier this year, we reported on the EPO Board of Appeal’s decision to uphold the revocation of the Broad Institute’s CRISPR patent (here). Now it appears that the Broad Institute is gearing up to put forward a petition for review by the Enlarged Board of Appeal as a last resort to save their patent.

news

The UPC is dead, long live the UPC!

European patent attorneys have been getting excited about the Unitary Patent (UP) and Unified Patent Court (UPC) for years, writing articles, and giving talks and presentations about the ins-and-outs and twists-and-turns of the whole thing. So what is the current situation? What has happened now?

news

EPO official fees to increase on 1 April 2020

The EPO adjusts its fees every two years. The EPO has now announced the next set of fee adjustments, which will come into effect on 1 April 2020. Full details of the fee increases are listed here and here. Overall, the EPO has implemented a general inflation-based 4% increase in official fees.

aipex logo aipex logo aipex logo