The EUIPO has recently issued the following documents, explaining how the Office intends to manage the circumstances that the EUTMRs and RCDs will cease to apply to the UK from the end of the transition period (31 December 2020):

• Communication No 2/20 of the EUIPO Executive Director on the impact of the UK’s withdrawal from the EU on certain aspects of the practice of the Office;

• Q&A document for right holders and representatives as concern the general impact on EUTMRs and RCDs in view of the end of the transition period. The document is composed of 55 possible questions of owners and representatives, sorted by relevant subsections, and respective answers.

In particular, kindly note the following information:

· The Office will invite only rights holders domiciled outside the EU/EEA to appoint a representative, should this become necessary. Such invitation will only be made where such a need actually occurs. This will be the case where the right in question is, or becomes, subject to proceedings before the Office.

· Rights holders domiciled in the EU/EEA will not be invited by EUIPO to appoint a representative. Such rights holders who wish to be represented in the proceedings before the EUIPO which are initiated after the end of the transition period, that is as from 1 January 2021, will therefore need to appoint a new representative on their own motion in case that their appointed representative has lost his or her capacity to act before EUIPO as the result of the end of the transition period. Failing this, EUIPO will notify any communication or procedural document directly to the rights holder domiciled in the EU/EEA.

· No individual notifications will, in principle, be issued by EUIPO to EUTM and RCD applicants, right holders and professional representatives outside pending proceedings before the Office.

· Representatives who lose their capacity to act before EUIPO as the result of the end of the transition period will be (i) automatically removed from all files in EUTM and RCD related proceedings, (ii) deleted from EUIPO’s database of representatives (and, where applicable, from the Office’s list of professional representatives), and (iii) not be able to send mail in relation to a file through the EUIPO’s ‘UserArea’. An exception will only apply where, and to the extent that, such a representative continues to act in so-called ‘ongoing proceedings’ (Art. 97 Withdrawal Agreement).

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Several ECTA Committees and particularly the Brexit Task Force, now part of the new ECTA International Trade Committee, are closely following the Brexit developments, in order to provide our members with all the relevant information in the field of IP.

ECTA is also organising a WEBINAR ON BREXIT on 13 November! Make sure to save this date in your calendar and remember that ECTA members can participate at a reduced fee!