Monday 11 July 2016

IP and Fashion: the Consequences of Brexit

UK and the remaining Member States

Jane Lambert

Last month I conducted a seminar on IP and fashion for MBL Seminars in London.  As the fashion industry relies on EU trade marks and registered Community designs more than most I have published on article on the effect of Brexit on the IP rights used in that industry.

In that article, IP and Fashion: the Effect of Brexit 10 July 2016 4-5 IP, I have referred to art 50 of the Treaty of European Union which provides that the EU Treaties and all legislation derived from them will cease to apply from the coming into force of the withdrawal agreement or two years after our giving notice to withdraw whichever occurs soonest. It follows that all EU legislation will fall away upon our leaving the EU but there will be a difference between legislation enacted by Parliament to give effect to EU directives and regulations made by the EU institutions.

Legislation made to give effect to EU directives such as out Trade Marks Act 1994 and the Registered Designs Act 1949 will remain in force because they are Acts of Parliament but regulations such as the EU Trade Mark Regulation and the Community Design Regulation will fall away immediately. As a result EU trade marks and registered Community designs will cease to apply to the UK, unregistered Community designs will dissolve and the courts of the UK will no longer have jurisdiction in EU trade mark and Community design disputes.

That will require a thorough review of all agreements relating to those rights and in some cases renegotiation and re-drafting. Inevitably legal costs will rise appreciably though these may be offset by costs savings here and there.  I shall be discussing these and other changes resulting from Brexit in a seminar in September. If in the meantime you wish to discuss any of these developments call me on 020 7404 5252 or contact me through this form.

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