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News for those with EU Community Designs Registered before 1st of Jan 2020

International designs designating the EU:  Re-registered rights are now available to view on the UK register

ACID’s friends at the Intellectual Property Office inform us that they have created a re-registered UK design for every International design (EU) registered before 1 January 2020. These re-registered designs are now displayed and available to view or search on the UK register.

Designs which were protected in the UK by an international design designating the EU will continue to be protected in the UK by the re-registered UK design. Please see the attached note for more information.

Dids Macdonald, OBE., ACID’s CEO said, “The IPO have worked quickly and efficiently on this transition which is to be commended and this will provide easy access for those who wish to search or view re-registered designs on its UK register. Sadly, what isn’t so clear is what happens to those relying on unregistered design rights and clarity over where designs are first published in the UK and EU, and we are urgently pressing Government to provide this guidance.”

Re-registered designs

The UK Intellectual Property Office has created a re-registered UK design for every International design (EU) registered before 1 January 2020.

These re-registered designs are now displayed and available to view or search on the UK register.

Designs which were protected in the UK by an international design designating the EU will continue to be protected in the UK by the re-registered UK design.

This re-registered UK right has effect from the 1st of January to ensure no interruption in the protection within the UK.

Pending applications

Where an international design designating the EU has been applied for before the 1st of January 2020, but is not yet protected or where the publication has been deferred, the holder will have a period of nine months to apply for the same right as a UK design.

UK application fees will be payable, and the application will be subject to UK examination requirements.

For information on renewals, opt out process and numbering please refer to the IPO business guidance in the link below.

https://www.gov.uk/guidance/international-eu-protected-designs