The following IP guidance 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’).
The protection afforded by UCDs is wider than that afforded by the UK unregistered design right
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