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European Commission sets IP rights Brexit date

December 14, 2017

A new announcement from the Commission has revealed that the Brexit date for IP rights has been set for 30 March 2019.

According to Lexology, the European Commission made the announcement this week, stating that as of 30 March 2019 the UK “will become a “third state” and the registered and non-registered Community designs and EU trademarks will no longer be in effect in that country, but they will remain in effect of the other 27 Member States.”

The same will apply to pending applications.

As a result, the relationship between the EU and the UK will be affected, as the UK will have to meet the same requirements as “the remaining non-member States.”

The announcement concluded by saying:

“In view of the considerable uncertainties, in particular concerning the content of a possible withdrawal agreement, all right-holders and applicants are reminded of certain legal repercussions stemming from currently applicable rules of Union law when the United Kingdom becomes a third country, and which need to be considered and anticipated.”

It also warned that:

“Natural or legal persons that are domiciled or have a seat in the United Kingdom only will have to be represented before the European Union Intellectual Property Office in accordance with Article 120(1) of Regulation (EU) 2017/1001 (on the European Union trade mark) and Article 78(1) of the Regulation (EC) No 6/2002 (on Community designs) in all proceedings provided for in those two Regulations, other than the filing of an application for an EU trade mark or an application for a registered Community design.”

The full statement can be seen here.

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