Implications of Brexit for Intellectual Property Rights in the UK

The UK Intellectual Property Office has just issued a guide to the implications of Brexit for IP rights owned by UK companies. While copyright and both UK and European patents are likely to be unaffected, the uncertainty with respect to EU Trade Marks (EUTM), Registered Community Designs (RCD) and the Unified Patent Court remains to be resolved.

 

Mewburn Ellis writes:

The UK Intellectual Property Office (UKIPO) issued a guide "IP and BREXIT: The facts" on 2 August  2016 to offer factual information on the future of IP rights in the UK following Brexit.

The guide reminds UK businesses that while the UK remains a full member of the EU then EU Trade Marks (EUTM) and Registered Community Designs (RCD) continue to be valid in the UK. Even after the UK leaves the EU, UK businesses will still be able to register an EUTM or RCD, which will cover all the remaining EU member states.

However, it recognises that businesses will want clarity over the long-term coverage of existing EU trade marks and EU designs that currently cover the UK.  The guide notes that various options are being currently explored and businesses will be consulted about the best way forward. 

The guide also indicates the government's intention to ratify the Hague Agreement in a national capacity. This agreement provides a practical business solution for registering up to 100 designs in over 65 territories through filing one single international application and the government hopes to introduce it within the next year.

The referendum result has no impact on UK businesses’ ability to apply to the European Patent Office for patent protection. It will remain possible to obtain patents from the EPO which apply in the UK. Existing European patents covering the UK are also unaffected. British exit from the EU will not affect the current European patent system as governed by the European Patent Convention (EPC).

The guide confirms that the UK will continue to be involved in setting up the new Unified Patent Court (UPC) whilst it remains a contracting state.  However, although the guide suggests that there will be no immediate changes, it is difficult to see how the UK can remain part of the UPC in the long-term.

The guide also notes that UK copyright laws will continue to comply with the EU copyright directives, and we will continue to participate in EU negotiations, whilst the UK is a member of the EU. The continued effect of EU copyright after Brexit will depend on the negotiated terms of the future relationship. Other international treaties and agreements with the rest of the world will not be affected by Brexit.

Finally, the UKIPO note that the UK’s IP enforcement framework is unchanged whilst the UK is still part of the EU and the UK still plays a part at the EUIPOs Observatory, and in Europol. The process for intercepting counterfeits and other infringing goods at the border therefore remains unchanged for now

The UK will continue to play an active role in the review of the Enforcement Directive, and the Commission’s work on tackling commercial-scale infringement, until the negotiations to exit the EU are concluded.

For more details;

https://www.gov.uk/government/news/ip-and-brexit-the-facts

http://mewburn.com/resource/withdrawal-of-the-uk-from-the-eu-brexit-implications-for-ip-rights/

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