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Monday, June 27, 2016

Brexit Will Affect Publishing

How Brexit Will Affect Publishing, and More Book News

Constance Grady | June 25, 2016

Brexit is upon us, and it’s an event so outlandish it seems fictional. (Think about how many dystopias have “and then the UK left the EU” in their backstory, and then try not to think about it anymore.) So as we take the weekend to gather our thoughts, might I suggest seeking refuge in some book news? Here’s the best bookish writing the web has to offer for the week of June 20, 2016.

 Intellectual Property after Brexit

Trade marks along with Registered Community Designs (RCDs) and Unregistered Community Designs, are the most harmonised forms of intellectual property in the EU and, therefore, the way that they are protected and enforced in the UK is likely to experience significant change if the UK leaves the EU.
A new reliance upon national protection
At present the UK is part of the EU Trade Mark regime (until recently known as the 'Community Trade Mark' and now EU Trade Marks - EUTMs) and the Registered Community Design regime. In addition to registered design rights there is an Unregistered EU Design Right which arises automatically upon creation of a design within the EU (or by an EU-based designer) which is of shorter duration. All of these rights entitle the holder to protection across the 28 Member States of the EU, achievable (in respect of the registered rights) through the filing of one application and payment of a single fee.
If the UK leaves the EU then, in theory, existing EUTMs and RCDs would not be valid in the UK because the UK would no longer be a party to the Regulations creating those rights. This could mean that current EUTM holders would have to register for UK national trade marks and designs to preserve protection in the UK. Existing registrations that have only, or primarily, been used in the UK, could be at risk of revocation for non-use post Brexit, since their owners would not be able to demonstrate use in a substantial part of the EU. It is likely that the UK IPO would offer EUTM holders the opportunity to convert their EUTMs to national marks within the UK, presumably upon payment of some sort of fee.

<more at; related articles and links: (What Brexit Means for Book Publishing. June 24, 2016) and (How Will ‘The Brexit’ Impact Book Publishing? June 24, 2016)>

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