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

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

Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Facing increased lateral movement and in-house competition, firms are investing in flexible billing hours and tailored career progression to improve associate retention
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
Gift this article