Brexit and European Design Registration Protection

March 30, 2021

Eric L. Amundsen

This alert is part of Wolf Greenfield's design patents page. To learn more about design patents, click here.

With the United Kingdom’s departure from the European Union, European Community Design Registrations will no longer be enforceable in the UK. What does this mean for your design registration portfolio?

For European Community Design applications that were pending as of December 31, 2020, a corresponding design application will need to be refiled with the United Kingdom Intellectual Property Office (UKIPO) by September 30, 2021 for design registration coverage in the UK. This means you still have some time to refile a corresponding design application in the UK.

For designers and companies with European Community Designs that were registered as of December 31, 2020, the UKIPO has automatically “cloned” your registrations such that UK protection will be maintained as long as renewal fees are paid.

As a reminder, for designers and companies filing new design applications, applications must be filed in both the UK and the European Union if coverage is desired for both.

Don’t delay in contacting your Wolf Greenfield attorney(s) to discuss how Brexit may affect your design portfolio and what steps you may need to take to protect your designs.