Existing EU designs

Transitional period

The term of the UK to decide on the details regarding Brexit has been postponed until 31 October 2019. During this period the United Kingdom will remain part of the EU, so that European trademark registrations will be valid in the UK. Keep in mind, the UK still holds the opportunity to decide on Brexit details at an earlier stage.

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 current 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.