Brexit—IP rights
Brexit—IP rights

The following IP guidance note provides comprehensive and up to date legal information covering:

  • Brexit—IP rights
  • The Withdrawal Agreement and Political Declaration
  • The implications of the Withdrawal Agreement and Political Declaration for UK IP law
  • After the transition period—contingency planning
  • Relationship with EU law
  • The Court of Justice of the European Union
  • Trade marks
  • Designs
  • Copyright
  • Rights in databases
  • more

This Practice Note examines the likely impact of Brexit on IP rights. It deals with key issues that may affect the owners of trade marks, design rights, copyright and patents and summarises likely changes to the scope of protection of these rights. It covers changes to the legal framework, steps that right holders can take to protect their portfolios, and strategic considerations to bear in mind for the future. The Practice Note also considers the potential impact on rights in databases, artist’s resale rights, plant variety rights (PVRs), domain name registrations, border detention orders, parallel imports and agreements, law and jurisdiction.

To follow the key Brexit developments and updates of interest to IP rights, see Practice Note: Intellectual property—Brexit tracker.

To access our full range of Brexit materials, see the Brexit toolkit.

The Withdrawal Agreement and Political Declaration

The Withdrawal Agreement is a legally binding international treaty that was negotiated by the UK and the EU during the withdrawal period. It is intended to:

  1. tie up the administrative and financial loose ends associated with the UK's membership of the EU

  2. protect the rights of UK and EU citizens living in each other's territory, and

  3. provide a stand-still period in relation to the application of EU law in order to allow for the negotiation of a trade deal between the EU and the