Brexit – are you prepared? Registered Designs: 3 key points to remember

United KingdomScotland

The UK left the EU at the beginning of this year and the transition period during which the UK is treated as if it was still a member of the EU is coming to an end on 31 December 2020, 11pm (UK time). EU designs will cease to extend to the UK. As of 1 January 2021,

  1. Registered Community Designs (“RCDs”) will automatically continue to enjoy protection in the UK via new and independent UK design registrations (“re-registered UK designs”). Registered Hague designs designating the EU will continue to enjoy protection in the UK as new national UK registrations (not new designations). These new re-registered UK designs will be independent of RCDs. The existing EU and the new UK registrations will need to be renewed separately – at the UKIPO and at the EUIPO;
  2. Pending Community design applications as well as pending Hague designs designating the EU will have to be re-filed in the UK;
  3. The address for service rules at the UK Intellectual Property Office (UKIPO) change: a UK address for service will be required – with certain exceptions applying to RCDs for a limited period of time. Please see here for our update about the new address for service rules.

These changes apply irrespective of the outcome of the free trade negotiations between the EU and the UK.

Please do let us know if you have any questions.