INTELLECTUAL PROPERTY
Continued protection in the UK of registered or granted rights
The holder of any of the following intellectual property rights which have been registered or granted before the end of the transition period shall, without any re-examination, become the holder of a comparable registered and enforceable intellectual property right in the United Kingdom under the law of the United Kingdom:
- the holder of a European Union trade mark registered in accordance with the EU Regulation shall become the holder of a trade mark in the United Kingdom, consisting of the same sign, for the same goods or services;
- the holder of a Community design registered and, where applicable, published following a deferral of publication shall become the holder of a registered design right in the United Kingdom for the same design;
- the holder of a Community plant variety right granted to the EU Regulation shall become the holder of a plant variety right in the United Kingdom for the same plant variety.
Where a geographical indication, designation of origin or traditional speciality guaranteed a geographical indication, designation of origin or traditional term for wine within the meaning, a geographical indication or a geographical indication within the meaning of the relevant EU Regulation is protected in the European Union on the last day of the transition period by virtue of those Regulations, those persons who are entitled to use the geographical indication, the designation of origin, the traditional speciality guaranteed or the traditional term for wine concerned shall be entitled, as from the end of the transition period, without any re-examination, to use the geographical indication, the designation of origin, the traditional speciality guaranteed or the traditional term for wine concerned in the United Kingdom, which shall be granted at least the same level of protection under the law of the United Kingdom as under the following relevant provisions of EU law
Where a geographical indication, designation of origin, traditional speciality guaranteed or traditional term for wine referred to in the first subparagraph ceases to be protected in the European Union after the end of the transition period, the first subparagraph shall cease to apply in respect of that geographical indication, designation of origin, traditional speciality guaranteed or traditional term for wine.
The first subparagraph shall not apply where protection in the European Union is derived from international agreements to which the European Union is a party.
This paragraph shall apply unless and until an agreement as referred to in Article 184 that supersedes this paragraph enters into force or becomes applicable.
If an intellectual property right referred to above is declared invalid or revoked, or, in the case of a Community plant variety right, is declared null and void or is cancelled, in the European Union as the result of an administrative or judicial procedure which was ongoing on the last day of the transition period, the corresponding right in the United Kingdom shall also be declared invalid or revoked, or declared null and void, or be cancelled. The date of effect of the declaration or revocation or cancellation in the United Kingdom shall be the same as in the European Union.
The United Kingdom shall not be obliged to declare invalid or to revoke the corresponding right in the United Kingdom where the grounds for the invalidity or revocation of the European Union trade mark or registered Community design do not apply in the United Kingdom.
A trade mark or registered design right which arises in the United Kingdom above shall have as its first renewal date the renewal date of the corresponding intellectual property right registered in accordance with EU law.
In respect of trade marks in the United Kingdom referred to above, the following shall apply:
- the trade mark shall enjoy the date of filing or the date of priority of the European Union trade mark and, where appropriate, the seniority of a trade mark of the United Kingdom claimed under the EU regulation;
- the trade mark shall not be liable to revocation on the ground that the corresponding European Union trade mark had not been put into genuine use in the territory of the United Kingdom before the end of the transition period;
- the owner of a European Union trade mark that has acquired a reputation in the European Union shall be entitled to exercise in the United Kingdom rights equivalent to those provided for in the relevant Regulation in respect of the corresponding trade mark on the basis of the reputation acquired in the European Union by the end of the transition period and thereafter the continuing reputation of that trade mark shall be based on the use of the mark in the United Kingdom.
In respect of registered design rights and plant variety rights in the United Kingdom referred to above, the following shall apply:
- the term of protection under the law of the United Kingdom shall be at least equal to the remaining period of protection under EU law of the corresponding registered Community design or Community plant variety right;
- the date of filing or date of priority shall be that of the corresponding registered Community design or Community plant variety right.
Registration procedure
The registration, grant or protection pursuant to the Agreement shall be carried out free of charge by the relevant entities in the United Kingdom, using the data available in the registries of the European Union Intellectual Property Office, the Community Plant Variety Office and the European Commission.
For this purpose, holders of the above intellectual property rights and those persons who are entitled to use a geographical indication, designation of origin, traditional speciality guaranteed or traditional term for wine) shall not be required to introduce an application or to undertake any particular administrative procedure. Holders of intellectual property rights comprising trade marks, Community designs and plant variety rights shall not be required to have a correspondence address in the United Kingdom in the 3 years following the end of the transition period.
The European Union Intellectual Property Office, the Community Plant Variety Office and the European Commission shall provide to the relevant entities in the United Kingdom the information necessary for the registration, grant or protection in the United Kingdom for the above rights and geographical origin rights.
These provisions are without prejudice to renewal fees that may apply at the time of renewal of the rights, or the possibility for the holders concerned to surrender their intellectual property rights in the United Kingdom in accordance with the relevant procedure under the law of the United Kingdom.
Continued protection in the UK of international registrations designating the EU
The United Kingdom shall take measures to ensure that natural or legal persons who have obtained protection before the end of the transition period for internationally registered trade marks or designs designating the European Union pursuant to the Madrid system for the international registration of marks, or pursuant to the Hague system for the international deposit of industrial designs, enjoy protection in the United Kingdom for their trade marks or industrial designs in respect of those international registrations.
Continued protection in the United Kingdom of unregistered Community designs
The holder of a right in relation to an unregistered Community design which arose before the end of the transition period shall in relation to that unregistered Community design ipso iure become the holder of an enforceable intellectual property right in the United Kingdom, under the law of the United Kingdom, that affords the same level of protection. The term of protection of that right under the law of the United Kingdom shall be at least equal to the remaining period of protection of the corresponding unregistered Community design
Continued protection of databases
The holder of a right in relation to a database in respect of the United Kingdom which arose before the end of the transition period shall, in relation to that database, maintain an enforceable intellectual property right in the United Kingdom, under the law of the United Kingdom, that affords the same level of protection provided that the holder of that right continues to comply with the requirements of that Directive. The term of protection of that right under the law of the United Kingdom shall be at least equal to the remaining period of protection the EU Directive.
The following persons and undertakings shall be deemed to comply with the requirements of EU Directive
- United Kingdom nationals;
- natural persons with a habitual residence in the United Kingdom;
- undertakings established in the United Kingdom, provided that where such an undertaking has only its registered office in the United Kingdom, its operations are genuinely linked on an ongoing basis with the economy of the United Kingdom or of a Member State.
Right of priority with respect to pending applications for European Union trade marks and Community plant variety rights
Where a person has filed an application for a European Union trade mark or a Community design in accordance with EU law before the end of the transition period and where that application was accorded a date of filing, that person shall have, for the same trade mark in respect of goods or services which are identical with or contained within those for which the application has been filed in the European Union or for the same design, the right to file an application in the United Kingdom within 9 months from the end of the transition period. An application made pursuant to this Article shall be deemed to have the same filing date and date of priority as the corresponding application filed in the European Union and, where appropriate, the seniority of a trade mark of the United Kingdom claimed.
Where a person has filed an application for a Community plant variety right in accordance with EU law before the end of the transition period, that person shall have, for the purpose of filing an application for the same plant variety right in the United Kingdom, an ad hoc right of priority in the United Kingdom during a period of 6 months from the end of the transition period. The right of priority shall cause the date of priority of the application for the Community plant variety right to be deemed to be the date of application for a plant variety right in the United Kingdom for the purpose of determining distinctness, novelty and entitlement to the right.
Pending applications for supplementary protection certificates in the United Kingdom
The relevant EU Regulations shall apply in respect of applications for supplementary protection certificates for plant protection products and for medicinal products, as well as to applications for the extension of the duration of such certificates, where such applications were submitted to an authority in the United Kingdom before the end of the transition period in cases where the administrative procedure for the grant of the certificate concerned or of the extension of its duration was ongoing at the end of the transition period.
Any certificate granted pursuant to paragraph 1 shall provide for the same level of protection as that provided for in the relevant EU Regulation.
Exhaustion of rights
Intellectual property rights which were exhausted both in the European Union and in the United Kingdom before the end of the transition period under the conditions provided for by EU law shall remain exhausted both in the European Union and in the United Kingdom.
DATA PROCESSED OR OBTAINED PRE-END TRANSITION PERIOD
Definition
For the purposes of these provisions, “EU law on the protection of personal data” means:
- GDPR Regulation with the exception of Chapter VII thereof;
- GDPR Directive
- Data Protection Directive
- any other provisions of EU law governing the protection of personal data.
Protection of personal data
EU law on the protection of personal data shall apply in the United Kingdom in respect of the processing of personal data of data subjects outside the United Kingdom, provided that the personal data:
- were processed under EU law in the United Kingdom before the end of the transition period; or
- are processed in the United Kingdom after the end of the transition period on the basis of the Agreement.
The above shall not apply to the extent the processing of the personal data referred to therein is subject to an adequate level of protection as established in applicable decisions.
To the extent that a decision has ceased to be applicable, the United Kingdom shall ensure a level of protection of personal data essentially equivalent to that under EU law on the protection of personal data in respect of the processing of personal data of data subjects.
Confidential treatment and restricted use of data and information in the United Kingdom
In addition to EU law on the protection of personal data, the provisions of EU law on confidential treatment, restriction of use, storage limitation and requirement to erase data and information shall apply in respect of data and information obtained by authorities or official bodies of or in the United Kingdom or by contracting entities, that are of or in the United Kingdom:
- before the end of the transition period; or
- on the basis of the Agreement.
Treatment of data and information obtained from the United Kingdom
The European Union shall not treat data and information obtained from the United Kingdom before the end of the transition period, or obtained after the end of the transition period on the basis of the Agreement, differently from data and information obtained from a Member State, on the sole ground of the United Kingdom having withdrawn from the European Union.
Information security
The provisions of EU law on the protection of EU classified information and Euratom classified information shall apply in respect of classified information that was obtained by the United Kingdom either before the end of the transition period or on the basis of the Agreement or that was obtained from the United Kingdom by the European Union or a Member State either before the end of the transition period or on the basis of the Agreement.
The obligations resulting from EU law regarding industrial security shall apply to the United Kingdom in cases where the tendering, contracting or grant award procedure for the classified contract, classified subcontract or classified grant agreement was launched before the end of the transition period.
The United Kingdom shall ensure that cryptographic products that use classified cryptographic algorithms developed under the control of, and evaluated and approved by the Crypto Approval Authority of a Member State or of the United Kingdom, which have been approved by the European Union by the end of the transition period and that are present in the United Kingdom, are not transferred to a third country.
Any requirements, limitations and conditions set out in the European Union approval of cryptographic products shall apply to those products.
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