Designers still grappling with post-Brexit IP uncertainty after Queen’s Speech

Commentators from the design and fashion sectors have shared their views regarding The Queen’s Speech – which recently set out the Government’s plans for the next two years, but side-lined contentious issues surrounding what the UK’s intellectual property (IP) framework might look like after Brexit.

The speech presented 24 new Bills – eight of which concern Britain’s eventual departure from the European Union (EU) and several of which could have implications for the fashion industry.

Most notably, it was announced that the European Communities Act would be repealed – effectively meaning that the UK will no longer be bound by EU law once Brexit takes effect.

IP groups have voiced concerns that the loss of existing EU copyright and IP laws could prove disastrous for designers, who may no longer be able to rely on unregistered design rights to protect the surface designs and shapes of their products after the European Communities Act has been repealed.

Jack Tindale, manager of design and innovation at Policy Connect, voiced further concerns that the Government’s proposed Repeal Bill “does not indicate what is to become of how the UK engages with the European Union Intellectual Property Office following Brexit.”

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Maung is a partner in our Corporate and Commercial department. He joined Mackrell Turner Garrett following corporate law positions in London and in a leading regional firm in Essex.