(post Brexit design provisions) continuing and supplementary CURD, and re-registered designs Flashcards
What provisions have been made because of Brexit for Designs
Provisions have been made for Community Registered designs, and pending applications, and for unregistered rights to be copied across
What happened to all CRD’s when brexit occured
On the day, the registered design was treated as if it was a UK registered design AT NO COST
and is known as a re-registered design, which inherits the application and registration date of the original design
What does not apply to re-registered designs
There is no infringement that can be dated back to grant, and no issue of certificate upon registration
Where are re-registered designs available
on the register
Did all EU CRDs stay re-registered designs
No - you can opt out by serving notice on the registrar - UNLESS
the re-registered design has accrued interest or proceedings have been initiated by the proprietor (or with their consent)
If an opt-out for a re-registered design is filed, when does it take effect from
it is retrospective to end of 2020 (i.e. brexit)
What happened to pending CRD’s upon brexit
if they had a filing date of before Brexit date, the applicant can also apply for a UK RD before end of NINE MONTHS from BREXIT (with normal FEE), AND the application date, registration date are the SAME as those of the CRD
Are there any differences for Brexit provisions for CRD’s with deferred publication
the date for assessing novelty and individual character is the earliest of the filing date, any any claimed priority date
What is a Continuing Unregistered Design
It is a continuing right intended to ensure all Community Unregistered Design rights in force pre Brexit are copied into the UK post Brexit
What is a Supplementary Unregistered Design
A post-Brexit unregistered design right that mirrors Community unregistered design rights into UK law. Provides UK only protection
