Gibraltar: Updates to Trade Mark and Patent Law
On 11 December 2020, a bill titled the “Trade Marks and Patents (Miscellaneous Amendments) Act 2020” was passed, which makes some important amendments to trade mark and patent law in Gibraltar. These are summarised as follows:
- International Trade Mark Applications filed on or after 1 January 2021 that designate the United Kingdom (UK) will automatically extend to Gibraltar. It is understood that this also applies to a UK designation filed after 1 January 2021. It is not possible to designate Gibraltar as a separate territory.
- On 1 January 2021 the UK Intellectual Property Office created a comparable UK trade mark (UKTM) for every registered EU trade mark (EUTM). The Gibraltar bill provides that the newly created comparable UKTMs will have automatic effect in Gibraltar.
- Any patents granted in the UK resulting from PCT applications filed on or after 1 January 2021 will have effect in Gibraltar. This includes EP(UK) patents derived from PCT applications.
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