EU Unregistered Design Rights

These currently come into existence automatically.  It is as yet uncertain what will happen to existing such rights after the UK leaves the EU.  Measures might be put into place to extend EU Unregistered Design Rights to the UK on a transitional basis.  However, it seems likely that EU Unregistered Design Rights will cease to have effect in the UK when the UK leaves the EU.   If the three year EU Unregistered Design Right term is likely to expire after the UK has left the EU, this may leave a “protection gap” in the UK. 

Although UK Unregistered Design Rights will still be available to qualifying persons, the protection afforded is somewhat different from that afforded by EU Unregistered Designs Rights. We would therefore recommend not simply relying upon Unregistered Designs Rights but that you speak to your Mathys & Squire advisor to discuss filing for Registered Design protection. 

It seems likely, at present, that EU Unregistered Design Rights will cease to have effect in the UK when the UK leaves the EU