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

Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Barry Greenbaum, partner at Olshan Frome Wolosky, explains how in-house teams can update their approach to brand development, and where AI can add value
Christine Chiramel, who joins a full-service law firm after 17 years of working at specialist firms, says she’s excited to explore how corporate commercial issues are blurring into IP
Practitioners say increasing the pecuniary jurisdiction of India’s most popular IP litigation forum to around $2 million would spark unpredictability and make it difficult for SMEs to benefit
The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Gift this article