101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 68  protection of existing unregistered Community designs in the UK will be provided for with no action required by the right holder  provision will be made regarding the status of legal disputes involving unregistered Community designs which are ongoing before UK courts Actions for businesses and other stakeholders The protection of existing unregistered Community designs in the UK will continue through a new equivalent right which arises automatically and with no action required by the right holder. For eligible designs disclosed after exit, the supplementary unregistered design right will arise automatically. Businesses may wish to seek legal advice on how these arrangements could affect their business model or intellectual property rights. Correspondence addresses and confidentiality for UK trademarks and designs Before 29 March 2019 UK withdrawal is expected to have consequences on the rights of UK businesses, organisations and representatives to represent themselves, and on their choice of representatives in relation to EU trademarks and registered Community designs. This notice does not cover those arrangements. Businesses, organisations or individuals that have EU trade mark or design applications or registrations at the EU Intellectual Property Office and have appointed UK-based representatives to act on their behalf, should check the information in the notices published by the EU Intellectual Property Office - Notice to holders of and applicants for European Union trademarks and to holders of and applicants for Community designs , and Part D of FAQ : ‘Impact of the United Kingdom’s withdrawal from the European Union on the European Union trade mark and the Community design’ . They may also want to consider speaking to their current representative to find out what arrangements they have in place. This notice also does not cover rules relating to legal professional representation and address for service requirements relating to intellectual property rights protected at the national level in individual European Economic Area (EEA) states. When a business, organisation or individual (right holder) applies for a UK trade mark or design at the UK Intellectual Property Office, they must supply an address for service which is within the EEA (which currently includes the EU and hence the UK). UK right holders generally have a UK address for service, either because they appoint a UK-based intellectual property representative to act for them and represent their interests before the Intellectual Property Office, or they represent themselves. Some EEA business, organisations or individuals may also have a UK address for service, if they have appointed a UK intellectual property representative. There are, however, some UK businesses, and many from outside the UK, who have an address for service within the EEA but outside the UK. Legal professional privilege is given to communications between registered intellectual property representatives and their clients. This means that in legal proceedings in the UK, for example, such communications are considered confidential and will not, generally, be shared with those on the other side of the dispute. This privilege is provided for in the UK’s intellectual property legislation. For trademarks and designs, legal professional privilege is given to trade mark attorneys registered in the UK. It extends to those intellectual property representatives who are not based in the UK but are on the ‘list of representatives’ for the EU Intellectual Property Office for trademarks and designs. This list reflects the EEA geographical area. After March 2019 if there’s no deal There will be no immediate changes to the UK address for service and privilege rules. Implications There will be no immediate implications for UK, EU or third country businesses. The current rules will remain in place at the point the UK exits the EU. Actions for businesses and other stakeholders There are no immediate actions for UK, EU or third country businesses. The current rules will remain in place at the point the UK exits the EU.