Brexit: The Withdrawal Agreement stipulates a transition period that will last until 31 December 2020

Ahead of 1 February 2020, the day on which the UK will leave the EU in accordance with the Withdrawal Agreement concluded between the EU and the UK, the EUIPO has updated the Brexit section on its website (click here for further information).

The Withdrawal Agreement stipulates that during a transition period that will last until 31 December 2020, EU law remains applicable to and in the UK. This extends to the EUTM and RCD Regulations and their implementing instruments.

This continued application of the EUTM Regulations and the RCD Regulations during the transition period includes, in particular, all substantive and procedural provisions as well as the rules concerning representation in proceedings before the EUIPO.

In consequence, all proceedings before the Office that involve grounds of refusal pertaining to the territory of the UK, earlier rights originating from the UK, or parties/representatives domiciled in the UK will run as they did previously, until the end of the transition period.

MEPs

The Constitutional Affairs Committee agreed on Thursday, 23 January 2020, to recommend that the EP plenary should approve the UK withdrawal terms.

After parliamentary ratification in the UK was concluded earlier today, with Royal Assent granted for the European Union (Withdrawal Agreement) Bill, Constitutional Affairs Committee MEPs voted in favour of a positive recommendation regarding the EU-UK Withdrawal Agreement, with 23 votes for, three against and no abstentions.

The vote took place after a statement by Committee Chair Antonio Tajani (EPP, IT) and a discussion between the Parliament’s Brexit coordinator Guy Verhofstadt (Renew Europe, BE) and political group coordinators.

The UK’s withdrawal from the EU is set for midnight CET on 31 January 2020, with Parliament scheduled to vote on the Agreement next Wednesday, 29 January.

To enter into force, any withdrawal agreement between the EU and the UK needs to be approved by the European Parliament by a simple majority of votes cast (Article 50 (2) of the Treaty on European Union). The Council will then conclude the process on the EU side by a qualified majority vote, foreseen for 30 January.