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.
In summary, the UK’s decision to leave the EU means that 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 in principle to set up a system whereby the holder of an RCD or a UCD automatically becomes the holder of a comparable design in the UK, either at the end of the transition period (if there is a deal) or on exit day (if there is no deal).
The draft withdrawal agreement agreed at negotiator level between the UK government and the EU, but not approved by Parliament, sets out at Title IV the position agreed by the UK government and the EU in relation to the new design regime,
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