Registered Community Designs (RCDs)
Nothing will change until the UK leaves the EU, or until legislative changes are brought into effect. This is likely to be at least two years away.
The ability to file and own a RCD is not dependent on the applicant having a presence in the EU or being a national of an EU Member State and so will notbe affected by Brexit.
Although we do not as yet have any indication as to what will actually happen after the UK leaves the EU, it seems likely that:
1) existing and new RCDs will no longer extend to the UK;
2) the UK Government will implement transitional provisions to convert the UK element of an existing RCD into a UK national Design Registration;
3) after Brexit a separate UK national Design Registration may need to be filed in parallel with any RCD.
If you are a considering filing for design protection in the current EU and there are reasons why you would wish to avoid uncertainty, then speak with your Mathys & Squire adviser who will consider with you the pros and cons of parallel RCDs and UK Registered Designs.
Mathys & Squire will ensure that we are able to act for clients both with respect to RCDs and UK national Registered Designs after Brexit. Mathys & Squire will also be able to handle any transitional requirements necessary in respect of existing RCDs to preserve UK Registered Design rights.
Applicants will be relieved to know that the ability to file and own a Registered Community Design is not dependent on nationality or residence