The United Kingdom's impending departure from the European Union will ramifications for other nations, including for Canadian trademark and industrial design holders who wish to protect and enforce their rights in the UK.
Many rights holders have chosen the European Union Intellectual Property Office (EUIPO) for filing their trademarks and industrial designs on the basis that their rights will apply to all 28 EU member states; once the UK leaves the EU, though, EUIPO protection will no longer apply in the UK.
The United Kingdom has also been a member of the European Patent Organisation since the latter's inception in 1977, however, and so British patents are registered with the Organisation's European Patent Office. British patents will therefore remain unaffected and applicable in all of the European Patent Organisation's 38 member states, regardless of Brexit.
Lexpert contributor Julius Melnitzer reports at www.lexpert.ca.
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