IPR regime in Draft Agreement on the withdrawal of the UK from EU
Draft Agreement on the withdrawal of the UK from the EU published. Among other issues, the draft also deals with the area of intellectual property rights (IPR), and how they would function in the post-Brexit era. Intellectual property (IP) issues are elaborated in title IV and articles 54 to 61, and most of these provisions are the same as in the previous draft. One of the most important things for IP owners is that IPR registrations that were granted before the end of the transitional period would be valid in the UK as well, without any further formalities and charges (EU trademark, community registered designs, community plan variant rights). The same goes for invalidity proceedings. This is in line with the part that governs the transitional period that will last from 29 March 2019 until 31 December 2020. The draft states that in this period the EU acquis will apply to the UK as it is still part of the EU, but during this period the UK will not be a part of decision-making processes within EU institutions. However, since this is just a draft of the agreement that needs to be adopted in parliamentary proceedings (of the EU and the UK, as well as by the EU Council) additional changes in further periods may happen.