“15 down, 6 letters: The United Kingdom’s withdrawal from the European Union.” After being voted on June 23rd, 2016, Brexit finally became real on February 1st, 2020. We say ‘finally’ without any sentimental implications, but only because it solves an undeniably long period of uncertainty.

The management of Industrial Property titles is one of the problems, certainly not the most important and probably not the best known, but it is one of the problems to deal with. As a matter of fact, the Community design, as well as the Community trademark, were among the few tools of Industrial Property that ensured protection, in a short time and with a relatively simple procedure, in the whole European Union. A highly exploited and successful system.

Brexit has thus introduced a novelty, which affects those who have many interests in the UK. Applying for a European model will no longer cover the United Kingdom and it will be necessary to proceed in parallel with an English (or rather UK) registration procedure.

As to the effects of Brexit on an already existing Community design portfolio, the UKIPO (United Kingdom Intellectual Property Office) is planning to convert the approximately 700,000 registered and published Community designs to comparable UK rights. But not immediately! In January 2021 (when 2020 will be over). From February 1st, 2020 until then, unless improbable and unwanted (at least, so they say) extensions, there is a transition period, ensuring the application of EU laws in the United Kingdom.

The conversion of registered designs should require minimal bureaucracy (yay!) on part of the applicant, who would even be offered the possibility of renouncing it. The renewal of the patent should then follow the UK procedure.

For all applications filed and not yet registered or published, the applicant would be offered the opportunity to apply for the same protection in the UK. Again, not now! With no hurry, by September next year, more or less.

The same applies for EU models as for international models designating the EU. Moreover, the rights of unregistered designs arising by the end of the year will be granted. In this multitude of scenarios, we suggest that you consult your trusted advisor.

Spring has come, accompanied by some early blooms of magnolias and forsythias. We just need some blossom of fresh creativity, which, in these times, can only save the soul.