IP analysis: Adrian Dykes, senior associate at Allen & Overy, discusses trade mark and design portfolio issues to be considered following Brexit, in particular in relation to the new comparable trade mark registrations and re-registered designs and the consequences if the EU rights from which these derive were subject to pending proceedings as at IP completion day. He also considers the current position in relation to the disclosure of unregistered designs and what strategies are available to designers in order to maximise the scope of protection they can obtain for their work in the UK and EU.
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