- IP and Brexit—registered rights
- What mechanisms will be put in place in the UK to ensure that the holders of EU trade marks (EUTM), registered Community designs (RCDs) and Community plant variety right (CPVRs) are recognised as the holder of comparable rights in the UK, following a no-deal Brexit?
- Is it possible to opt out of the scheme?
- Will right holders have to pay a fee?
- Will there be any effect on priority or seniority?
- How will genuine use and reputation be assessed for new comparable trade marks?
- How will pending proceedings in relation to EUTMs and RCDs be dealt with?
- What will be done to ensure that the supplementary protection certificate (SPC) and paediatric extension systems continue to operate effectively?
- How will compulsory patent licences and cross licences function following a no-deal Brexit?
- What practical steps should the holders of registered IP rights be taking to prepare for a negotiated exit?
- What practical steps should the holders of registered IP rights be taking to prepare for a no-deal Brexit?
Intellectual Property analysis: With the risks of a no-deal Brexit mounting, Graham Burnett-Hall, partner at Marks & Clerk Law LLP, says it is imperative that intellectual property (IP) rights holders ensure that they will have continuity of protection in both the UK and the EU27 following Brexit.
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