At the moment designers can apply to the EU Intellectual Property Office to obtain EU-wide registered protection for their designs. Brexit has however created some uncertainty surrounding these EU design registrations.
The main question is, will EU registrations still provide protection in the UK once the UK leaves the EU? Although this is unlikely to be decided for some time, we think that the UK will almost certainly provide transitional mechanisms to ensure that proprietors of existing EU registered designs have the opportunity to maintain their protection in the UK. On that basis, there is no need for alarm.
After Brexit eventually happens, designers might need to apply separately in the EU and the UK to obtain protection in both of these territories.
We will continue to monitor the situation and will advise on any developments as they become available. In the meantime, we are happy to provide further tailored advice on request.[:]