United Kingdom: Brexit – the EU position

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

United Kingdom: Brexit – the EU position

c963031c-805d-4f1a-9099-1548249f5b9fbrexit-min-2-final.jpg

The European Commission has issued its position paper on pan-European Union IP rights post-Brexit. As patents are not governed by the EU but come under the remit of European Patent Office, they are unaffected by Brexit and are not included in the document. Thus the EU need only concern itself with other IP rights, mainly trade marks and designs.

The Commission states that following Brexit it wishes that "the protection enjoyed in the United Kingdom on the basis of Union law by both UK and EU 27 holders of intellectual property rights having unitary character within the Union before the withdrawal date is not undermined by the withdrawal of the United Kingdom from the European Union".

Whether this will be the eventual path chosen or negotiated successfully remains to be seen.

The EU propose that EU rights granted prior to Brexit will automatically divide to create an equivalent UK right. The rights qualifying for automatic division to the UK will include: EU trade marks; registered and unregistered Community designs; protected geographical indicators, designations of origin and terms in relation to agricultural products; and Community plant variety rights. European patents are therefore totally unaffected by Brexit and are not part of the EU's considerations.

The implementation of this principle should ensure that applicable renewal dates, priority and seniority claims, genuine use requirements and reputation rules should remain the same. Moreover, implementation should not be at a cost to the holder of the right.

In terms of holders of EUTM or RCD applications pending at the date of Brexit, the Commission proposes that the holder should have the opportunity to divide their application and retain the priority date of the original EU application.

With regard to SPCs, the Commission proposes that applications filed in the UK for SPCs or the extension of their duration are completed in accordance with EU law.

The Commission considers that database rights protected under EU legislation should continue to enjoy equivalent protection in both the EU and UK post-Brexit.

Rights that have been exhausted in the EU prior to Brexit shall remain exhausted in both the EU and UK post-Brexit. The conditions for exhaustion concerning IP rights should remain those defined by EU law.

Chapman

Helga Chapman

Chapman + Co

18 Staple Gardens

Winchester SO23 8SR

United Kingdom

Tel: +44 1962 600 500  

info@chapmanip.com  

www.chapmanip.com

more from across site and SHARED ros bottom lb

More from across our site

Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Palińska is the business & IP law lead at CD Projekt Red in Poland
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
David Degen is senior IP counsel at Novartis, Switzerland
Demetrio Roberto Cavicchia is an IP director at Angelini Pharma in Italy
Schwitulla is the head of litigation management at Nokia in Germany
Almeida is the IP group leader at Bosch in Brazil
Amanda Luz is brand protection manager - global at Adidas in the US
Samantak Ghosh is vice president of IP at Avere Therapeutics in the US
Gift this article