Total Documents: 2


Balancing the Unregistered

Document No: PUB 20C/20 Posted: 01 February 2021
Developments in design law Legal developments in the design arena during 2020 have been predominantly related to unregistered rights. The IP Federation has been active in considering these developments and in advocating a fair balance between protecting the rights of a design owner with legal certainty for third parties. The year began with publication by the UK Intellectual Property Office of guidance on changes in design law that will come into effect, following the UK’s departure from the EU, at the end of the transition period on 1 January 2021. This guidance confirmed the intention to create both a Continuing Unregistered Design (CUD) and a Supplementary Registered Design (SUD). The CUD provides continuation of protection in the UK of existing unregistered Community designs (UCD). The SUD provides a new right that mirrors the UCD but which is limited to the UK, both in terms of territory of protection and location of disclosures giving rise to the right.

Brexit: the clock ticks

Document No: PUB 20A/18 Posted: 12 September 2018
‘Brexit’ poses considerable challenges for intellectual property law and presents uncertainty as to the involvement of the UK, following its exit from the EU, in existing and proposed international regimes involving European Union (EU) law. In March 2018, the text of a draft “partial agreement” was published[1]. It indicates that, assuming the UK and the EU reach agreement on the terms of the UK’s withdrawal from the EU, this will include a ‘transition period’ lasting from 29 March 2019 until 31 December 2020. During the transition period (if agreed) the status quo would largely remain in place for intellectual property. The relationship between the UK and the EU beyond 2020 remains a matter of negotiation. [1] Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, of 19 March 2018, updated by a joint statement from the negotiators of the European Union and the United Kingdom government on progress of negotiations under Article 50 TEU on the United Kingdom’s orderly withdrawal from the European Union, of 19 June 2018.