Transitional period
The time has come, on 31 January 2020 the UK has left the European Union. The current transitional period will exist up to and including 31 December 2020 during which the current EU regulations will remain applicable to the UK and the UK will still be considered as a member state. During this transitional period the EU and the UK will negotiate on a final withdrawal agreement.
After Brexit
The draft agreement between the EU and the UK provides a number of important subjects for the protection of EU designs in the UK, after Brexit:
- After the transitional period, all EU models will receive equivalent protection automatically, including non-registered design rights;
- The relevant dates (filing date, renewal date) remain unchanged.
Conclusion
The existing European design registrations will automatically be converted into national UK design rights after Brexit. This is different in regards to EU design applications. Of course it is also possible to file a national UK design application.
