Gift Focus - Jan/Feb 2019 (Issue 111)

Dids Macdonald discusses post-Brexit intellectual property rights Have you thought how your Intellectual Property (IP) rights will be affected by Brexit or how to ensure design protection continuity? In a world of confusion surrounding what may or may not happen after Brexit, one thing is for certain: you need to check out the levels of your precious IP protection and ensure you don’t suffer any erosion of your design rights, especially if you rely on unregistered UK and EU design rights. If you have put a belt and braces around your IP and have a registered Community trademark or a registered Community design, we have been assured by the Intellectual Property Office (IPO) that there will be no loss of these rights and that they will be covered in the Withdrawal Bill with the least amount of disruption and minimal cost. However, as the majority of UK designers rely on unregistered UK and EU design rights, there is a real concern. This is an issue that cannot be dealt with by the UK alone through any deal or no deal contingency (such as the technical papers issued recently) or any domestic legislation such as the Withdrawal Agreement. When the UK leaves the EU, it will no longer be possible for UK designers whose designs are first exhibited in the UK to claim the EU design right protection in the other 27 member states of the EU. This is because in order for the EU right to come into being in the first place, the first publication or exhibiting must have taken place in an EU member state. This lack of protection could devastate many micro and SME businesses that rely on unregistered EU designs, as they will not be able to block copies of designs being made and sold across the EU because they will not be protected. It is vital that the UK design community shares its concerns with appropriate ministers in the government to ensure that in its discussions with the EU, this protection is preserved. If you wish to join the ACID campaign and write to your MP, please send an email to info@acid.uk.com to request a template letter. CURRENTLY THERE ARE TWO TYPES OF UNREGISTERED DESIGN RIGHTS UK – This lasts for a maximum of 15 years and offers protection for the shape of a 3D design. In the last five years of any unregistered design right, you must give a licence of right to anybody who asks. The IPO outlines how you can apply to the design right or copyright owner to vary the terms of the licence of right. EU – Although only lasting three years, an EU-unregistered design protects the complete appearance of the product, including its lines, contours, colours, materials, texture and shape. Interestingly, EU intellectual property law dictates that unregistered design right covers a design/product in its entirety. It is a much broader and stronger protection. IP protection 202 giftfocus