The IP Implications of the UK’s Decision to Leave the EU
27-Jun-2016
LONDON - Following the vote in the United Kingdom to leave the European Union, the UK government will take steps to stabilize the economy; it will have at least two years to negotiate the terms of that withdrawal with the other members. Until then, the UK remains an EU member state.
If The United Kingdom leaves the European Union, significant changes to some aspects of IP protection and enforcement are expected to take effect in the UK.
How will the UK’s exit from the EU affect intellectual property rights?
Patent Protection
• The UK’s participation in the existing European Patent system will not be affected, as the system is independent of the EU.
• UK national patents are alike unaffected.
• The current agreements on the Unitary Patent and the Unified Patent Court are based on the UK being a member of the system. Although the process of ratification of the treaty has been ongoing in some countries, it is uncertain at this stage if the Unitary Patent process will continue at all if the UK leaves the EU.
Trademark Protection
• UK national rights will remain active.
• Following the withdrawal from the EU, transitional provisions would be put in place to divide European Union Trade Mark Registrations (EUTMRs) into separate EU registrations and national UK registrations.
Registered Designs
• UK national rights will remain active.
• Following the withdrawal from the EU, transitional provisions would be put in place to divide European Registered Designs, as noted above for EU Trademark Registrations.
Unregistered Design
• UK national rights will remain active.
• Those relying on unregistered design rights in the UK will also need to rethink their strategies.
Copyright Protection
• Such rights are subject to domestic legislations and so, should be unaffected.
Should you have any inquiry please contact europe@agip.com