Understanding the legal implications of Brexit
What Brexit means for intellectual property, data handling and more
The Intellectual Property Office has produced guidance setting out arrangements during the transition period and from January 1, 2021. This covers EU trade marks, registered community designs, unregistered designs, international trade mark registrations, rights of representation, patents, supplementary protection certificates, exhaustion of rights and copyright. The rules governing address for service for intellectual property rights in the UK will change on January 1.
There is specific guidance for food and drink producers with ‘geographical indication’ (GI) protection.
There is guidance on how to use the UKCA (UK Conformity Assessed) marking. The UKCA marking is a new UK product marking that will be used for goods being placed on the market in Great Britain. It covers most goods which previously required the CE marking. The UKCA marking can be used from 1 January 2021. However, businesses will still be able to use the CE marking until January 2022 in most cases.
If your business receives personal data from partners or suppliers in EU or EEA countries, act now to ensure can still do so legally when the transition period ends. Personal data is any information that can be used to identify someone.
The Information Commissioner’s Office has issued guidance on data protection once the transition period ends.
There is also guidance on sui generis database rights – changes to protection in the EU for databases produced in the UK.
Here’s a round-up of other legal and technical issues:
- What to do if your business holds a .eu domain name
- Changes to environmental standards, meeting climate change requirements and regulating persistent organic pollutants
- Complying with with the EU’s REACH chemical regulations when using, making, selling or importing chemicals into the EU
- How to comply with fluorinated gas and ozone-depleting substances regulations
- How to comply with pesticide regulations
- How standards for emissions from industry affected by the Best Available Technique regime will be affected.
- Guidance on public sector procurement
- Bidding for overseas government contracts
- Advice on changes to legal practice, advice for EU lawyers operating in the UK, for UK lawyers practising in the EU and guidance for the owners of legal services businesses
- Guidance for legal professionals on cross-border civil and commercial cases and family law disputes involving the EU
- Advice for UK auditors and audit firms operating in the EEA
- Changes to workplace rights and consumer rights
- Placing manufactured goods on the EU market and placing manufactured goods on the market in Great Britain
- Product safety and metrology regulations for businesses placing goods on the market in Great Britain
- Information on labelling for footwear manufacturers and retailers
- Information on labelling for textile manufacturers and retailers
- How food and drink producers, manufacturers, retailers and suppliers must change labels
- Nutrition-related labelling, composition and standards
- Marketing standards for for veal and beef importers, exporters, producers, manufacturers, retailers
- Marketing standards for poultry meat producers, manufacturers, retailers and distributors
- Marketing standards for egg producers, manufacturers, retailers and distributors
- Marketing standards for hatching egg and chick producers, manufacturers, retailers and distributors
- Marketing standards for hops and hop products
- Trading and labelling organic food
- Advice for fruit and vegetable importers, packers, distributors and retailers on the changes to marketing standards
- Applying for plant variety rights and marketing plant reproductive material, seeds and other propagating material
- Trading and moving endangered species protected by CITES
- Guidance for veterinary medicines manufacturers and wholesale dealers on selling and supplying products placed on the EU and UK markets before January 1, 2021
- The e-commerce directive after the transition period
- Information on geo-blocking for e-commerce retailers
- How to claim VAT refunds from EU member states
- Advice on whether your business needs to change its company registration
- Guidance for vehicle and component manufacturers on meeting safety and environmental standards
- Changes to company accounting and reporting requirements
- Changes to deduction of tax from interest, royalties and dividends
- How protection of trading interests (also known as the retained blocking regulation) will work in the UK
Cumbria Chamber of Commerce has recorded a podcast and webinar with Alex Craig, head of commercial at law firm Muckle, exploring the impacts of Brexit on data flow and intellectual property rights.