UKSC Justice highlights post-Brexit legal divergence in competition and IP law

Article summary

In a recent address, Lady Rose of the UK Supreme Court (UKSC) outlined significant developments in competition and intellectual property (IP) law following Brexit. Lady Rose noted the potential for increased divergence between UK and EU regimes, particularly in areas such as state aid and subsidy control. The establishment of the Competition and Markets Authority and the Unified Patent Court were highlighted as key institutional changes. Lady Rose also emphasised the growing scrutiny of IP rights by competition authorities and the challenges of resolving international disputes involving standard-essential patents and Fair, Reasonable and Non-Discriminatory (FRAND) licences. The shift from EU State aid rules to the UK's new subsidy control regime was identified as a notable area of divergence, with changes to challenge mechanisms and assessment procedures. These developments signal a new era of legal complexity and potential divergence in competition and IP law across jurisdictions.