United Kingdom: Implications of Brexit for IP rights

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: Implications of Brexit for IP rights

On March 29, Prime Minister Theresa May triggered Article 50, formally notifying the European Union of the UK's intention to withdraw from the EU. The UK government now begins the lengthy process of negotiating the terms of our exit with our European partners.

Initially, there will be no change as the UK will remain an EU member until the process has been completed, which is estimated to be at least two years, possibly considerably longer.

Brexit will have no effect on the usual system for European patents. In terms of IP it is important to differentiate the terms EU and Europe. European patents cover territories which are different to the member states of the EU. The UK will continue to be a member of the European Patent Organisation which is a separate body from the EU. UK patent protection will continue to be available via the European Patent Office and UK-based qualified European patent attorneys will act in the usual way in all matters before the EPO.

In the case of European Union trade marks (EUTMs) and registered Community designs (RCDs), nothing will change until the leaving process is complete, so the impact of Brexit will depend on the outcome of the negotiations. Until that point, EUTMs and RCDs remain in force and cover the UK. We fully expect that EUTM holders will not lose their UK rights, and are monitoring this situation. Organisations should review their EUTM portfolio to identify those trade marks of most value to their UK business and consider re-filing in the UK if they identify that the present EU/UK negotiated outcome may present a risk to their trade mark rights. National UK IP rights, including trade marks and designs, will, of course, be unaffected by Brexit.

Also, IP agreements with other parties should be checked for any potential implications in light of the UK exit.

The UK is to remain part of the Unitary Patent and Unified Patent Court system. The UK Intellectual Property Office has confirmed that the government's preparations for ratification of the UPC Agreement are "fully on track" to allow the UK-based UPC to open in December 2017 as per the preparatory committee's timetable.

Chapman

Helga Chapman

Chapman + Co

Patent and Trade Mark Attorneys

Chapman IP, Kings Park House, 22 Kings Park Road

Southampton SO15 2AT, UK

Tel: +44 (0) 23 8000 2022 

info@chapmanip.com  

www.chapmanip.com

more from across site and SHARED ros bottom lb

More from across our site

Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
Gift this article