Brexit and Its Effects on International Industrial Design Protection

The transition period set out in the UK’s Withdrawal Agreement from the European Union ended on December 31, 2020. The UK Government has notified the World Intellectual Property Organization (WIPO) of the measures it will implement to maintain protection in the UK for industrial designs covered by international registrations that were protected in the EU before the transition period concluded. It will also safeguard the rights of applicants and holders of pending international applications or registrations designating the EU at that time.

From January 1, 2021, designations of the EU in international applications and registrations no longer apply to the UK. However, for international registrations that were protected in the EU before the transition ended, the UK will automatically grant an equivalent national design right—referred to as a “re-registered international design.” These will be recorded by the UK Intellectual Property Office without requiring any action from the holders.

Applicants with international applications designating the EU that were still pending as of December 31, 2020, may file a corresponding application with the UK IPO within nine months, retaining the original filing date. This also applies to registrations without a formal protection grant from the EUIPO dated before January 1, 2021.

The conclusion of the transition period does not affect the rights of UK nationals or residents to file new international applications or maintain existing registrations, as the UK remains a Contracting Party to the Geneva Act of the Hague Agreement.

After the transition, individuals and entities with rights based solely in the UK can no longer claim EU-based entitlement in new international filings or ownership changes. Instead, they must claim entitlement through the UK.