Draft agreement on UK's withdrawal from the EU - no 'Brexit Day cliff face' for marks and designs
In short, the draft provisions relating to unitary EU IP rights following Brexit reflect, for the most part, the 'common sense’ and logical approach advocated by rights holders and practitioners since the 2016 referendum, and will assuage concerns of a ‘Brexit Day cliff face’ as regards trademarks and designs. The transition period (which will last until December 2020, during which time nothing will change as regards EU trademarks (EUTMs) and designs being valid in the United Kingdom) appears, prima facie, to be a sensible and reasonable timeframe to enable IP owners and other stakeholders to prepare for Brexit and ensure that unitary IP portfolios remain robust and enforceable across both the United Kingdom and the remaining 27 member states.
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