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THE BUSINESS OF INTERNATIONAL TRADE

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UK Updates Post-Brexit IP Requirements

The update explains how the IP system and the IPO will operate when the transition period ends

Published on December 8, 2020

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The UK Government has issued new guidance to users of the IP System, and explained how the Intellectual Property Office (IPO) will function when the UK's transition period with the European Union ends on December 31, 2020.

Among the key notes:

• From January 1, 2021, UK attorneys will no longer be able to represent UK clients on new applications or new proceedings at the EU Intellectual Property Office. UK businesses will need to hire an EEA attorney for such representation.

• The IPO has issued new guidance on using an address for service.

• The IPO will "create a comparable UK trade mark for every registered EU trade mark (EUTM)" on Janaury 1, 2021.

• The IPO will "create a re-registered design for every Registered Community design (RCD)".

• International Trade Marks will continue to be protected in the UK under the Withdrawal Agreement.

• Patents through the EPO (European Patent Office) are unaffected, as the EPO is a non-EU body.

• "Most UK copyright works (such as books, films and music) will still be protected in the EU and the UK. This is because of the UK’s continued participation in the international treaties on copyright."

For full details on how IP protocols will change on January 1, 2021, go to www.gov.uk/government/news/intellectual-property-after-1-january-2021.

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