The following IP practice note provides comprehensive and up to date legal information covering:
The purpose of this Practice Note is to summarise, at a glance, the various different design rights available in the UK prior to and following Brexit.
For a detailed consideration of the likely impact of Brexit on the designs regime, see Practice Note: Brexit—IP rights and Brexit—IP audit checklist.
To follow the progress of the legislation, see Practice Note: Intellectual property—Brexit tracker.
In summary, the UK’s decision to leave the EU means that, at the end of the implementation period provided for in the UK’s Withdrawal Agreement with the EU—which is set to last until 31 December 2020—the UK will no longer be subject to the registered Community design (RCD) regime or the unregistered Community design (UCD) regime. The UK will no longer be included in the territory covered by the RCD and UCD and the UK will no longer be subject to Regulation (EC) 6/2002. This also applies to international design registrations which designate the EU.
As a consequence, the UK has agreed to set up a system whereby the holder of an RCD or a UCD automatically becomes the holder of a comparable design right in the UK at the end of the implementation period (ie from ‘IP completion day’, which is defined in European Union (Withdrawal Agreement) Act 2020 as 11 pm on 31 December 2020).
The protection afforded by UCDs
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually state that judgment is being reserved. This is common practice in the High Court. The draft judgment will be provided to the parties’ legal
IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before the defendant calls any evidence. It is only done where the defendant is extremely confident that the claimant has not presented the court with
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