The UK government suffered a defeat of historic proportions on Tuesday 15 January in relation to its proposed Brexit deal, but survived a vote of no-confidence the next day. Despite these extraordinary events we are no closer to understanding where the Brexit process will go next or how long it will take to reach a conclusion.
In the middle of the political turmoil it is easy to lose sight of the fact that nothing has changed in relation to Intellectual Property. A link to our advice from December is set out below.
Some further guidance has issued since that note in the form of The Trade Marks (Amendment etc.) (EU Exit) Regulations 2018 (the ‘EU Exit Regulations’). This is still a draft statutory instrument, but it provides further clarity on some aspects of the position for trade marks after Brexit, whenever that happens, and the essential points remain unchanged from our previous advice:
The draft EU Exit Regulations, which focus on trade mark issues, also indicate:
There are many unanswered questions but, from an IP perspective, there is little to fear from a no-deal Brexit.
We will continue to keep you updated and we will ensure we remain able to support your EU and UK IP needs regardless of the outcome of Brexit.
If you would like to discuss the current scope of your rights, please contact a member of our team.