This page provides practical information and resources to help you make the most of your IP when doing business in the European Union (EU) and European Economic Area (EEA).
For UK businesses and individuals to gain protection for their registered intellectual property rights in the EU and EEA, they can apply directly to the national intellectual property office of the country, or choose to utilise a regional or international route.
The European Union Intellectual Property Office (EUIPO) governs regional systems to provide EU wide protection of trade marks and design rights.
The European Patent Office (EPO) governs a regional system to provide protection of patents covering EU, EEA member states and the UK.
The World Intellectual Property Organisation (WIPO) governs international systems to provide protection for trade marks, designs and patents in the EU, EEA, the UK and many other countries.
Good to know
Due to the number of countries comprising the EU/EEA, there are several options to consider when protecting your intellectual property. There are pros, cons, and relevant considerations for each. It is important to consider which option is best for your situation and an IP professional may be able to help navigate these issues. Further information on professional legal advice can be found at the Chartered institute of Trade Mark Attorneys (CITMA) and the Chartered institute of Patent Attorneys (CIPA).
Trade marks
Registering your trade mark in the UK does not protect it in the EU or EEA.
Trade mark protection in the EU and EEA is comparable to that of the UK, covering signs, in particular words or designs, letters, numerals, colours, shapes or sounds which are used to designate a badge of origin for a business’s goods or services.
To protect a trade mark in the EU or EEA you have several options.
1.
National: File an application directly to the national trade mark office of each country;
2.
Regional: Apply for a European Union Trade Mark (EUTM) through the European Union Intellectual Property Office (EUIPO). The EUTM covers all EU member states and may only be registered, assigned, or cancelled in respect of the whole of the EU. An EUTM registration lasts for 10 years but can be renewed indefinitely;
3.
International: Apply for international trade mark protection using the Madrid System, this is available through the UK office, the EUIPO or WIPO. This system covers over 120 countries, including all EU and EEA member states.
EUTM and international applications allow you to simultaneously apply for a trade mark in multiple countries or territories, through a single application. More guidance including where to access details on fees, can be found on the protecting your trade mark abroad.
Patents
A granted UK patent can stop others making, selling or using your invention in the UK, but has no influence elsewhere. If you plan to sell or license your invention in the EU or EEA, you should consider protection in those regions. If you don’t, anyone can legally make, use or sell your invention in the EU and EEA.
To protect your invention with a patent in the EU or EEA you have several options.
1.
National: File an application directly to the national patent office of each country;
2.
Regional: Apply using the European Patent Convention (EPC) through the IPO UK or European Patent Office (EPO). More than 30 countries in Europe can be designated (including EU, EEA member states and the UK). The maximum term of a European patent can be up to 20 years from its filing date;
3.
International: Apply using the Patent Co-operation Treaty (PCT), this is available through the UK office, the EPO or World Intellectual Property Organisation (WIPO). This system covers over 150 countries, including all EU and EEA member states.
For European and international routes, your application will be processed as a single application, but once granted it becomes separate patents in the countries you designate. More guidance, including where to access details on fees, can be found in the protecting your patent abroad.
Good to know
You may be able to claim priority if you apply for patent protection in another country, within 12 months of applying for the same patent in the UK. Claiming priority means your later patent application will be treated as if you applied on the same date as the earlier application (commonly called the priority date). Priority claims are granted in countries which have signed the Paris Convention or are members of the World Trade Organisation.
Because of the difficulties associated with obtaining patent protection abroad, you should consider seeking advice from a patent attorney or other professional adviser. Assistance in finding a patent attorney is available from the Chartered Institute of Patent Attorneys (CIPA).
Designs
Registering your design in the UK does not protect it in the EU or EEA.
To protect a design in the EU or EEA, you have several options.
1.
National: Apply for a design right through the relevant national IP registry;
2.
Regional: Apply for a Registered Community Design (RCD) through the UK office or EUIPO. The RCD covers all EU member states and may only be registered, assigned, or cancelled in respect of the whole of the EU. It is valid initially for five years, then can be renewed in five-year blocks for a maximum of 25 years;
3.
International: Apply for international design protection, using the Hague System for the International Registration of Industrial Designs. Applications are made through WIPO. This system covers over 90 countries, including all EU and EEA member states.
RCD and international applications allow you to simultaneously apply for design rights in multiple countries or territories, through a single application. More guidance including where to access details on fees, can be found in the protecting your design abroad.
Good to know
You may be able to claim priority if you apply to register a design in another country, within 6 months of applying for the same design in the UK. Claiming priority means your later design application will be treated as if you applied on the same date as the earlier application (commonly called the priority date). Priority claims are granted in countries which have signed the Paris Convention or are members of the World Trade Organisation.
Copyright
Usually, protection of your copyright works abroad will be automatic in the same way UK protection works.
Copyright is a national right that each country provides separately. However, the majority of UK as well as EU and EEA copyright works (such as books, films and music) enjoy mutual protection in each other’s territories because they participate in the international treaties on copyright and the relevant trade agreements.
More information can be found in the protecting your copyright abroad page, and protecting copyright in the UK and EU..
Good to know
The EUIPO provides FAQs on copyright for consumers in EU member states.
Enforcing your rights
You should actively monitor the marketplace for any unauthorised use of your IP. If your IP rights are infringed, there are different ways you may look to enforce them, including civil litigation, criminal prosecution, and customs seizures. Other enforcement routes include mediation and alternative dispute resolution.
It may be useful to register your IP with the EUIPO’s IP enforcement portal to assist in the prevention of infringing products being exported or imported. Enforcement authorities across the EU/EEA have access to the database facilitating the enforcement of IP rights.
Typically, enforcement issues are dealt with domestically (in country). You may find information on enforcement from national IP office websites and if legal action is necessary, you should also consult a legal professional who specialises in IP law.
Good to know
The EUIPO provides guidance on Infringement of intellectual property rights.
HM Revenue & Customs provides guidance on how to Apply for action to protect your intellectual property rights.
More information
For further information and guidance on seeking IP protection in Europe, visit European IP Helpdesk and Protecting your UK intellectual property abroad guidance.
Information is also available on Intellectual property after 1 January 2021.
*EUTM]: European Union Trade Mark
*[EUIPO]: European Union Intellectual Property Office
*[FAQs]: frequently asked questions
*[IP]: intellectual property
*[IPO]: Intellectual Property Office
*[PCT]: Patent Co-operation Treaty
*[RCD]: Registered Community Design
*[WIPO]: World Intellectual Property Organisation
https://www.gov.uk/guidance/ip-in-the-eu-and-eea
Content Reproduced verbatim from the Website of the United Kingdom Intellectual Property Office (UKIPO) as permitted under their Terms of Use.