Brexit

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Introduction

The Brexit transition period ended at 11 pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This overview was prepared in the lead up to Brexit and is maintained for historical reference purposes. Much of the content linked within this overview has since been archived however key content that remains of interest to commercial practitioners includes:

  1. •

    Brexit collection

  2. •

    Brexit timeline

  3. •

    Brexit—introduction to the Withdrawal Agreement

  4. •

    Retained EU law and assimilated law

  5. •

    Retained EU law—flowchart [Archived]

Brexit—key steps and timeline

On 31 January 2020 (Exit Day), the UK ceased to be an EU Member State and entered an implementation period, during which it continued to be subject to EU law. Transitional provisions in the UK legislation implementing the Withdrawal Agreement, namely the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) amended the European Union (Withdrawal) Act 2018 (EU(W)A 2018) so that EU law continued to take effect in accordance with the Withdrawal Agreement

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Latest IP News

IP weekly highlights—23 October 2025

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes.

European Commission adopts 2026 Work Programme

The European Commission has adopted its 2026 Work Programme, Europe’s Independence Moment, setting out a new plan for Europe’s sustainable prosperity, competitiveness, and resilience. Building on its previous efforts under the 2024–2029 Political Guidelines, the 2026 Work Programme aims to strengthen Europe’s technological autonomy, energy security, and social cohesion while driving simplification and competitiveness across all sectors.

EPO finalises 2026 guidelines following user consultation on evidence standards and AI patentability

The European Patent Office (EPO) has concluded its discussions on the 2026 EPC, PCT-EPO, and Unitary Patent Guidelines. Following the circulation of draft texts and receipt of nearly 400 user comments, the EPO provided written responses and engaged in focused dialogue on key issues. It confirmed that all three sets of guidelines will be published in PDF format and committed to improving the visibility of interim Official Journal publications. Notable developments include the introduction of new chapters detailing entry into the European phase, clarification of legal standards following decisions G 1/24 and G 2/21, and ongoing efforts to refine guidance on the patentability of antibodies and AI-related inventions. While consensus was not reached on all topics, the EPO pledged further review and consultation, with the full results to be published after presentation to the Patent Law Committee on 23 October. The revised guidelines will take effect on 1 April 2026, with a preview available in February and a subsequent public consultation.

AI and copyright—creatives write to the Prime Minister

IP analysis: Rachel Alexander at Wiggin LLP comments on a recent letter to the Prime Minister, signed by numerous individuals and organisations across the creative industries, which argues that the government’s current stance on safeguarding copyright from potential AI-driven infringement ‘fails to account for international and UK human rights law’.

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