𝐓𝐡𝐢𝐬 𝐲𝐞𝐚𝐫 𝐰𝐞 𝐚𝐫𝐞 𝐜𝐞𝐥𝐞𝐛𝐫𝐚𝐭𝐢𝐧𝐠 𝐈𝐏 𝐚𝐧𝐝 𝐘𝐨𝐮𝐭𝐡: 𝐈𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐧𝐠 𝐟𝐨𝐫 𝐚 𝐁𝐞𝐭𝐭𝐞𝐫 𝐅𝐮𝐭𝐮𝐫𝐞. 𝐓𝐡𝐞𝐫𝐞𝐟𝐨𝐫𝐞 𝐰𝐞 𝐡𝐚𝐯𝐞 𝐝𝐞𝐜𝐢𝐝𝐞𝐝 𝐭𝐨 𝐡𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭 𝐬𝐨𝐦𝐞 𝐫𝐞𝐦𝐚𝐫𝐤𝐚𝐛𝐥𝐞 𝐢𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧𝐬 𝐟𝐫𝐨𝐦 𝐲𝐨𝐮𝐧𝐠 𝐞𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫𝐬 𝐰𝐡𝐨 𝐡𝐚𝐯𝐞 𝐜𝐡𝐨𝐬𝐞𝐧 𝐆𝐄𝐕𝐄𝐑𝐒 𝐭𝐨 𝐩𝐫𝐨𝐭𝐞𝐜𝐭 𝐭𝐡𝐞𝐢𝐫 𝐚𝐬𝐬𝐞𝐭𝐬.
The Brexit Transition period ends December 31st, 2020 and on January 1st, 2021, the UK and related territories, such as Gibraltar, will no longer be considered as an EU member state. IP owners need to act on these checklist items to avoid additional fees or face improper documentation matters that could be problematic down the road.
In the context of the withdrawal of the United Kingdom (UK) from the EU, the time has come to assess the consequences of Brexit for breeders regarding already granted CPVRs, and both pending and future applications. Indeed, after the end of the transition period i.e. 31 December 2020, the UK will be considered as a third country to the EU and the CPVR Regulation will no longer apply to the UK.
SPCs are not granted as EU-wide rights, but rather as national rights. It was therefore not necessary for the UK and the EU to agree on the creation of a comparable right to ensure continued protection of existing SPCs in the UK post-Brexit.
Brexit has, however, been shown to be a big blow for the long-awaited Unitary Patent (UP), a European patent having unitary effect in all contracting states, and the associated Unified Patent Court (UPC).
Until the end of December 2020, the UK courts will evidently remain bound by CJEU case law in force at that time. However, as of January 1st, 2021 decisions of the CJEU will not as such apply to the UK.
In this article of our Brexit specials, we will discuss the territorial implications of Brexit on trademark license agreements. Although this article focuses on trademark license agreements, some of the principles outlined in this article can also be applicable to other IP rights, such as designs, patents, …
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