The Impact of Brexit on the Unitary Rights of the European Union

Abstract

Besides the politic and the economic perspective, Brexit results in chaos regarding intellectual property rights, especially unitary rights. The future of these rights raises interrogations. Even more, it worries many economic operators. In particular, intellectual property rights holders are preoccupied with the fate of their European asset.

Whereas the Regulations on the European Union trademark and in the Community design deal with the question of newly acceding States, there is no mention of the withdrawal of a Member State and of the future of a European Union trademark in it. Must we conclude that the proprietors of European Union trademarks will see their rights denied in the United Kingdom? This solution is hardly conceivable, both from a commercial point a view and a legal one. The complete disappearance of European Union trademark law for the British territory would constitute an infringement of the property of the proprietor, protected by article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, it is necessary to consider the future of European Union Trade Marks and Community designs (A), and the strategies which can be advised with regard to the numerous issues (B).

Keywords: Brexit,intellectual property rights, unitary rights, European Union trade mark