Spotlight on Brexit

What does Brexit mean for Trade Marks?

The UK government and EU set out their agreed position on many of the issues related to intellectual property rights in the Draft Withdrawal Agreement. The UK government has also published papers explaining the approach in the event no agreement can be reached which now seems unlikely. Our consistent advice, which we still consider to be the best course of action, is that in order to protect brands in the EU, it remains appropriate to continue filing trade mark applications at the EUIPO, and that there is no legal necessity for dual filing in the UK.

What does Brexit mean for Designs?

The UK government and EU set out their agreed position on many of the issues related to intellectual property rights in the Draft Withdrawal Agreement. The UK government has also published papers explaining the approach in the event no agreement can be reached. Our consistent advice, which we still consider to be the best course of action, is that in order to protect brands in the EU, it remains appropriate to continue filing design applications at the EUIPO, and that there is no legal necessity for dual filing in the UK. Recent publications by the UK government promise the introduction of a new UK supplementary Unregistered Design Right.

What does Brexit mean for Patents?

We’re expecting there will be little that’s different after Brexit for patents, because the existing European patent system will be unaffected by the UK leaving the EU. While no action is needed immediately, it’s important to consider the potential impact of the planned opening of the Unified Patent Court.

FAQ's

The UK Government and the EU have agreed a The Withdrawal Agreement which includes proposed provisions for dealing with IP rights.  Read our Law and Practice guide on Protecting your IP – post Brexit where we answer some of the key questions around your IP rights based on the provisions in the Withdrawal Agreement and explain what happens as we move past the transition period.