INTA Issues Analysis for IP Professionals Ahead of Brexit Deadline

Published: December 16, 2020

With Brexit negotiations between the European Union and United Kingdom still in flux before the hard December 31, 11:01 pm GMT deadline, INTA’s Brexit Task Force has published an analysis of guidance for intellectual property (IP) rights holders to help businesses prepare for any outcome.

As last-minute negotiations on Brexit continue between the EU and UK, the risk of a “no deal” remains as high as ever.

A transition period in place until the deadline has maintained the status quo for IP rights. However, it is not yet clear whether the EU and UK will reach agreement on their future agreement, or whether there will again be a “no deal” Brexit. Either way, the Withdrawal Agreement between the EU and UK will govern the continued protection in the UK of existing EU IP rights.

To help businesses cope with the uncertainty and to support their readiness once Brexit becomes official, the EU Intellectual Property Office (EUIPO) and the UK Intellectual Property Office (UKIPO) have, respectively, also issued the following guidance:

The respective guidance from both the EUIPO and UKIPO cover a long list of IP issues, including:

  • Corresponding UK registrations
  • Pending EU applications
  • Renewals
  • Restorations
  • Unregistered Community Designs
  • International registrations
  • Reputation
  • Use
  • Distinctiveness
  • Assignments, licenses, security interests, and other agreements
  • Proceedings before the EUIPO
  • Pending UK oppositions and invalidation proceedings
  • Pending applications for invalidity and revocation
  • Proceedings before, and decision of, EU trademarks and Community designs courts
  • Representation
  • Exhaustion
  • Protected geographical indications and designations of origin
  • .eu domain names

INTA’s Brexit Task Force has analyzed the issues provided in the guidance and notably highlights what actions brand owners and IP practitioners should take, and under what timeline, for each issue. Members can access the analysis here.

For any additional information on the work of the Association regarding Brexit and/or on the Task Force, please contact [email protected].

INTA’s Europe Representative Office, based in Brussels, Belgium, represents the Association’s 1,700 members across Europe (including those in European Union and non-EU member states, and Russia and the Commonwealth of Independent States). Working in collaboration with staff at INTA’s headquarters in New York City, the Europe Representative Office leads the Association’s policy, membership, marketing, and communications initiatives throughout the region. To learn more about INTA’s activities in Europe, please contact [email protected], and follow us on Twitter at @INTABrussels.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

© 2020 International Trademark Association