Does an EU figurative mark including the word 'basmati' infringe the rights of the unregistered earlier UK word mark BASMATI? Not the only interesting question before the CFI, but also: has Brexit rendered this litigation irrelevant?
1 May 2021, the Trade and Cooperation Agreement (TCA) between the EU and the UK enters into force; IP protection is even listed as a separate sub-chapter. So everything is settled? There is light and shadow.
A recent EUIPO decision has a major impact on all UK trademarks - including unregistered UK trademarks - in an opposition under EU law: since Brexit, it is no longer possible to rely on earlier rights from the UK trademark.
UK patent attorneys had several possibilities to work in Germany thanks to German EuPAG. This is over with the Brexit: there is no basis for a power of representation after 1 January 2021. However, admitted representative before the European patent office from the UK are not affected.
The EU-wide trademarks and designs applicable in the UK have been converted into compatible UK trademarks and designs in a transition period. This period ends on 31.12.20. Is there a need for action for design and trademark protection in Brexit?
UK extends the transitional period for the automatic conversion of registered trademarks and designs of the European Union until 31.12.2020. The protection rights in trademark and also in design protection are therefore also secured after today's Brexit. Is there nevertheless a need for action?
Since 2017 there has been a constitutional complaint against the ratification of the Convention for a Common European Patent Court in Germany. Yesterday a judge of the Constitutional Court stated in an interview that this complaint will be decided in the first quarter of 2020 - probably too late for the UK if it
UK is a member of international IP agreements and offers trademark conversion in UK trademarks. And the EPO is not an EU organisation. So is there no loss of IP rights through Brexit or No-Deal Brexit?
While Brexit is still politically unclear, the British Trademark Office has presented the planned system for converting EU trademarks into comparable British trademarks.
The Brexit is casting its shadows ahead - the European Court of Justice is already making its first judgments on it. Yesterday's ruling of the European Court of Justice dealt with the question whether proceedings concerning intellectual property should be suspended with earlier national UK trademarks until after the
In light of brexit, it remains to be seen whether the UK's withdrawal from the international community will be regulated in an orderly manner. The IP rights for Community designs after the Brexit have also not been clarified, the more because a European design can be protected as RCD or UCD.
The Brexit has no impact on European patents validated in the UK. This position is currently held by both the European Patent Office and the British government. The main reason for this is that the European Patent Organisation is an independent international organisation, not an EU institution. But Brexit means
Brexit negotiations before final: This afternoon Prime Minister Theresa May plans to inform Parliament in London about the state of play of the Brexit negotiations. And on Wednesday the decisive EU summit will take place for an opportunity to regulate the UK's withdrawal from the international community in an orderly
Brexit will have no impact on UK membership of the European Patent Organisation, the European Patent Office announced last week. On this occasion, we will examine the European Patent in comparison to the European Unitary Patent - also for the situation after brexit.
The bad news first of all: the recognition of the data protection level for Great Britain will be classified as a "third country" after 30 March 2019. But there are also positive news on the ratification of the Unified Patent Court in the UK.