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

Armstrong Teasdale’s Jim Heinen Jr discusses the challenge of balancing billables, business development and family life and explains why not all patent lawyers are science nerds
From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
A wave of office launches and lateral hires reflect the draw of patent disputes, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
Gift this article