An overview of the rules regarding the protection of unregistered Community designs
After a hard Brexit, designers in the United Kingdom, the European Union and third countries will enjoy continued protection for designs which were first made available to the public in the United Kingdom or another EU Member State and which are already protected by an unregistered Community design at the time when the United Kingdom leaves the EU.
By introducing a new national additional unregistered design right, designs which are made available to the public in the United Kingdom after the United Kingdom's departure from the EU will be protected in the United Kingdom under the current conditions of the unregistered Community design.
Point by Point
- existing unregistered Community designs remain valid in the other EU Member States;
- protection of existing unregistered Community designs in the United Kingdom is provided without any action to be taken by the right holder;
- system will be provided for with respect to disputes pending before courts in the United Kingdom involving unregistered Community designs.
The protection of existing unregistered Community designs in the United Kingdom will continue through a new equivalent right which arises automatically and for which no action is required by the right holder. For eligible designs that are disclosed after the Brexit, the additional unregistered design right will automatically arise.
Interested? Please contact Gaya Schultz, European Trademark and Design Attorney, or Alfred Meijboom, Partner Intellectual Property. We will be happy to help you!