ARKONSULT

ARKONSULT is a multi-divisional service Firm located in Padova, Italy which operates through a solid and integrated network of Professionals experts providing strategic and reliable instruments of defence of both immaterial and material property of Enterprises.
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WHAT ABOUT THE IMPACT ON INTELLETTUAL PROPERTY RIGHTS?

Great political instability recently not only in Italy. The Prime Minister of Great Britain, Boris Johnson, is firmly determined to leave the EU on next October 31^st  without any kind of agreement.

One of the first actions of the new government was performed by Steve Barclay, the British Minister for Brexit, who signed the law deleting the 1972 act that sanctioned the adoption of European laws by the United Kingdom.

To date, no negotiations are underway to soften this provision and, if the situation shall remain as it is, the impact on I.P. rights would have relevant consequences.

The provisions of the EUIPO on this matter provide that “EU trade marks are protected in the EU and not in third countries (Art. 1(2) EU Trade Mark Regulation). As from the date of withdrawal, EU trade marks registered prior to that date will cease to be protected in the UK. Likewise, EU trade marks registered as of the withdrawal date, are not protected in the UK, irrespective of whether they were filed before or after that date.”

(…omissis)

“Use of the EU trade mark in the UK does – as from the withdrawal date – not qualify any more as use ‘in the EU’ (or for exports from the EU to third countries, Art. 18(1) EU Trade Mark Regulation). Use of the EU trade mark in the UK as of the withdrawal date does not count for the purpose of maintaining the rights conferred by the EU trade mark.”

Although the process is still in progress, we recommend the Clients and Associates to pay attention to the forthcoming news through our Office to assess any action to be taken in order to maintain the protection in UK  of their rights considering that, at present time, the same would be deleted in the United Kingdom from October 31^st  without any transitory period.