Intellectual Property in the Post-Brexit UK

After more than three years of negotiations, the UK has officially left the EU as of 31 January 2020.

For now, business as usual

Part of the deal includes a transitional provision that will run until 31 December 2020. During this period, EU laws will continue to apply in the UK while negotiations take place to determine the terms of the relationship in the future. Any changes to intellectual property rights will not happen immediately and there is no rush for you to address potential changes.

Things to note

  • Any registered EU trade marks or designs will be transferred to equivalent UK rights. You do not need to take any action. At the end of the transition period, owners of registered EU rights can expect to receive an equivalent UK registration.
  • Owners of any pending EU trade marks or designs will have nine months in which they can apply for the same protection in the UK and the same priority date will be allocated. There will be fees related to this step.
  • Brexit will not affect any European patent applications or granted patents, as the European patent system is independent of the EU.
  • On 27 February 2020 the UK withdrew from the UPC. The UK will remain part of the European patent system.

We will contact our clients who have rights that may be affected by Brexit directly with an outline of options. But if you have any queries, let us know – we are here to help.