Brief

Summary:

The Intellectual Property Office updated its guidance on Address for Service rules on 1 September 2023, effective from 1 January 2024. The changes affect rights holders with EU-wide rights created prior to the UK's departure from the European Union, requiring them to provide a UK Address for Service if needed in contentious proceedings. This change does not apply to new applicants for UK rights, as they are already required to provide a UK Address for Service. The update confirms the implementation of these changes as part of the UK's departure from the EU.

News story

Updated guidance on UK Address for Service

Requirements that come into effect from 1 January 2024

Our guidance on Address for Service rules was updated today 1 September 2023. The revised guidance reflects the changes that will come into effect at the end of this year. These changes affect rights created from EU-wide rights following our departure from the European Union. They will mean that holders of these comparable rights if subject to new contentious proceedings will need to provide a UK Address for Service if they don’t already have one.

These changes will not affect new applicants for UK rights, since they are already required to provide a UK Address for Service. These changes were put in place as part of the UK’s departure from the European Union which and were enacted before the end of the transition period. Today’s updated guidance confirms with rights holders that they will come into effect from 1 January 2024.

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Published 1 September 2023

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Summary:

On September 1, 2023, the Intellectual Property Office (IPO) published updated guidance on UK Address for Service requirements, which will come into effect from January 1, 2024. The revised guidance reflects changes introduced as a result of the United Kingdom’s departure from the European Union (EU).

The updates primarily affect rights holders who have created EU-wide rights before the UK’s departure from the EU. As of January 1, 2024, such rights holders will be required to provide a UK Address for Service if they do not already have one. This applies to rights subject to new contentious proceedings. In contrast, new applicants for UK rights have been required to provide a UK Address for Service since the beginning.

The changes were implemented as part of the UK’s departure from the EU and were enacted before the ending of the transition period. The updated guidance serves as a confirmation to rights holders that the new requirements will take effect from January 1, 2024.

The key points from the updated guidance are:

1. Rights holders with EU-wide rights created before the UK’s departure will need to provide a UK Address for Service for new contentious proceedings from January 1, 2024.
2. New applicants for UK rights have already been required to provide a UK Address for Service.
3. The changes were introduced as part of the UK’s departure from the EU and were enacted before the transition period ended.

These updates will impact holders of EU-wide rights, requiring them to establish a UK Address for Service for new proceedings. It is essential for them to take note of these changes and comply with the new requirements to avoid any potential issues with their rights.

Intellectual Property Office

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