Brexit and its implications for industrial property rights – Südtirol News

Bolzano – The new trade and cooperation agreement between the European Union and the United Kingdom came into effect on January 1, 2021. The Bozen Chamber of Commerce would like to inform South Tyrolean companies that the agreement affects all European Union property rights holders, such as patents, trademarks, designs and models.

Securing your ideas and developments is a critical success factor for innovative companies. Industrial property rights are an important tool here. Technical solutions can be protected by a patent or utility model, and the name and logo of goods or services through branding and product design, by means of a sample or form.

The Cooperation Agreement between the European Union and the United Kingdom contains, among other things, a preferential regime for intellectual property.

Trademarks and Community Designs registered with the European Intellectual Property Office (EUIPO) prior to 31 December 2020 will lose their influence in the UK, but owners of the respective trademarks and designs and models will acquire equivalent UK national trademarks or designs there.

The UK Intellectual Property Office (UKIPO) established separate national protection rights for all Union registered trademarks or community designs in early 2020/21, without imposing official fees.

These applications are provided with the EUIPO registration number and are managed as independent property rights. This means that they will have to renew separately in the future. The date of registration and maturity of new property rights in the United Kingdom has not changed.

The same applies to internationally registered trademarks, designs and models with the designation of the European Union.

For trademarks, designs and models not registered until December 31, 2020, there is an option to apply to UKIPO for a separate UK national property right by September 30, 2021.

Brexit has little effect on European patents. The United Kingdom remains a member of the European Patent Agreement. European patents valid in the UK are automatically transferred to a separate UK registry.

Many companies in South Tyrol are active internationally and sometimes own property rights in the European Union. Brexit and the new Trade and Cooperation Agreement between the European Union and the United Kingdom have brought some changes. The Patents and Trademarks Department of the Chamber of Commerce provides comprehensive information and advice on this matter, ”says Alfred Aperer, Secretary General of the Chamber of Commerce in Bozen.

The Patent and Trademark Department of the Bozen Chamber of Commerce is available for more information, tel: 0471945534-514-531, e-mail: patents and trademarks: handelskammer.bz.it.

From: mk