Design protection in a post-Brexit world
Sarah Wright and Kaisa Patsalides explore whether designs originating from the UK can still qualify for EU design rights in a post-Brexit world, in light of conflicting interpretations among EU courts on the meaning of “first making available within the Community”
The Community unregistered design right (CUDR) has proven to
be a highly effective remedy for British designers in enforcing
their rights on a pan-European basis. While the UK has some
domestic laws that give a degree of protection for
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