Attire Accessories - Nov/Dec 2019 (Issue 79)

90 THE B-WORD Dids Macdonald, CEO of Anti Copying in Design (ACID) talks Brexit, intellectual property and No Deal! In a continuing world of confusion and uncertainty, the Government has recently updated interested parties on design, design rights and international design and trade marks and has set out the changes they are making to UK law in the event of no deal. UK designers and manufacturers will be better armed if they understand some of the changes so that contingency plans can be created and put in place to mitigate any unexpected consequences and to ensure continuing IP Protection. Government consistently assure us that leaving the EU with a deal remains the government’s top priority and that this position remains unchanged. However, they say, “A responsible government must plan for every eventuality, including a no deal scenario”. Their advice will cover the impact on UK right holders, businesses, and other organisations. Information relating to registered Community designs and international trade mark and design rights will be published in the future. Registered community designs (RCDs), unregistered community designs (UCDs), and protected international trade mark and design registrations designating the EU will no longer be valid in the UK. On exit day, these rights will be immediately and automatically replaced by UK rights. If you own an existing right, you do not need to do anything at this stage. Currently: DESIGNS Design protection can be obtained via a registered right or an unregistered right. In the UK, registered protection can currently be obtained in the following ways: • a national registered design granted by the Intellectual Property Office of the UK (IPO) • a registered community design (RCD) granted by the EU Intellectual Property Office (EUIPO) • an international registration designating either the UK or the EU, filed under the Hague Agreement at the World Intellectual Property Organization (WIPO) • Unregistered protection can be obtained in the UK through the UK design right and the EU unregistered community design (UCD). Trade marks are registered rights, with protection in the UK granted by the Intellectual Property Office (IPO), the EUIPO, or via an international registration filed under the Madrid Protocol at WIPO. POST BREXIT After Brexit, any existing RCDs, UCDs, European Union Trade Marks (EUTM), and International (EU) Designs and Trade Marks will only cover the remaining EU Member States. They will no longer provide protection in the UK. Designers will also still be able to establish unregistered design protection in both the EU and the UK but separately. However, the Government