What does IP completion day mean for agency?
What does IP completion day mean for agency?

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • What does IP completion day mean for agency?
  • How does Brexit impact agency?
  • Agency law
  • Agency—competition law
  • Agency—intellectual property rights
  • Agency—cross border supply
  • Agency—data protection
  • Agency—advertising, marketing and sponsorship
  • What are the key legal authorities impacted by Brexit?
  • What are the key items of retained EU law? Are they subject to amendment from IP completion day? Is anything revoked?
  • More...

The implementation period put in place to enable the UK to transition away from the EU’s laws and institutions ended at 11 pm (GMT) on 31 December 2020. At this point in time (referred to in this Practice Note as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to agency.

How does Brexit impact agency?

Agency law

Agency law in the UK is based on common law and this is largely unaffected by IP completion day, see Practice Notes: Nature and types of agency and What does IP completion day mean for contract clauses?

Commercial agency arrangements in the UK are subject to the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (Commercial Agents Regulations) which form part of the body of retained EU legislation under European Union (Withdrawal) Act 2018 (EU(W)A 2018) effective from 11 pm (UK time) on 31 December 2020.

From IP completion day, the UK is a third country in relation to the EU and commercial agents of UK principals operating in EEA countries are subject to the local laws of that country implementing Council Directive 86/653/EEC (OJ L 382/170), the Commercial Agents Directive (EU Commercial Agents Directive), as it continues to have effect in the EU. Agents operating in the UK are subject to the provisions

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