Milan officially named as third seat of the Unified Patent Court, but what will be competent to hear?
Milan replaces London after the UK withdrew from the UPC in 2020.
The UK will leave the EU at 23.00 GMT today, and enter into a transition period currently due to end on 31 December 2020.
During this transition period there will be no change to current IP arrangements, but new arrangements should come into effect from 1 January 2021.
At the end of the transition period the UK IPO will create comparable trade mark and design rights to registered EU trade marks and Community designs, ensuring continuity of protection in the UK. The UK rights will fall due for renewal on the same date at the original EU rights.
An address for service (currently in the EEA) will be required for these newly created rights. Where we are responsible for your EU right, we will remain responsible for the UK right. We will be happy to take on representation for UK rights based on EU rights that are dealt with by attorneys in mainland Europe. We also have arrangements in place so that we can continue to support clients with EU rights.
From 1 January 2021 pending EU trade mark and Community design applications will no longer have effect in the UK. Owners of such applications will have a period of nine months from the end of the transition period to apply in the UK for the same protections. The application process (and cost) is expected to be comparable to that of a regular UK trade mark or design application.
European patents are not affected by Brexit.
If you have any questions regarding the impact of Brexit on your IP, please contact us.