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

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

As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
The Nokia v Acer ruling in the UK suggests arbitration is moving from the sidelines towards the mainstream of global FRAND disputes - and could reshape forum strategy in the process
The Life Sciences Awards is thrilled to present the shortlist for the 2026 Americas Awards
From Türkiye to Poland and Nigeria, firms with deep local roots continue to dominate the top tier, proving that market expertise can outweigh international scale in many CEE, Middle Eastern and African jurisdictions
Former Hoyng Rokh partner Simon Dack takes a leading PMAC role as busy firms continue to jostle for position
Franck Fougere, founder and managing partner of Ananda IP in Thailand, describes how the firm has developed a reputation for patent work and why he believes IP practice is set to change
After two decades at Kass International, Geetha Kandiah discusses the lessons that shaped her career, building an inclusive regional firm, and AI opportunities
Manisha Singh of LexOrbis discusses the need for commercial alignment with clients and why IP lawyers need to have curiosity at their core
As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
Gift this article