Brexit—IP rights
Brexit—IP rights

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

  • Brexit—IP rights
  • The Brexit scenarios
  • Relationship with EU law
  • The Court of Justice of the European Union
  • Trade marks
  • Designs
  • Copyright
  • Rights in databases
  • Artist's resale right
  • Patents and supplementary protection certificates (SPCs)
  • 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 Brexit scenarios

The draft Withdrawal Agreement and political declaration

The new draft Withdrawal Agreement and the new political declaration on the framework for the future relationship between the UK and the EU were endorsed by the EU-27 leaders on 17 October 2019 (see: LNB News 20/10/2019 1).

The draft Withdrawal Agreement includes provisions for a transitional period which is set to last until 31 December 2020. During the transition period, the UK will maintain access to the UK single market and customs union and will be bound by EU law