Deal or No Deal Brexit – Business as Usual for Nucleus IP

The current proposed EU withdrawal agreement includes a transitional period following the UK’s withdrawal, which will give clarity regarding the future treatment of those IP rights currently governed by EU. In addition, the withdrawal agreement provides some long term reassurance for holders of EU IP rights by suggesting that no rights should be lost as a result of the UK’s exit from the EU.

The UK is due to leave the EU on 31 October 2019. However, provided a deal is in place, a transition period until 31 December 2020 has been agreed. During this period there should be no change to EU IP rights in the UK, as EU law will continue to apply.

The precise details for the process at the end of the transitional period in 2020 are still under discussion. However, the general principles set out in the draft agreement confirm that we do not expect any EU IP rights to be lost as a result of Brexit.

However, if the UK leaves with No Deal, the UK Government has made assurances that it will seek to minimise disruption for business and to provide for a smooth transition. In particular, UK government policy is that pre-existing EU trade mark and design rights will remain effective in the UK even in the event of ‘no deal’.

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Notwithstanding, Deal or No Deal, please rest assured that there will be no interruption to how we represent our clients before the EUIPO. We have measures in place to ensure that we are able to continue to look after all of our clients’ EU IP matters and requirements in the case of a No Deal withdrawal.


Our recommendations

At this time, our recommendation is that, clients intending to file EUTMs and with important interests in the UK, should file both UKTMs and EUTMS in parallel.