Brexit and IP: The UK IPO’s views

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Brexit and IP: The UK IPO’s views

Brexit-168.

The UK Intellectual Property Office has confirmed the legal status of three EU-related IP rights in effect in the UK and the government’s next steps for these rights ahead of Brexit. It remains unknown if the UK will ratify the UPC Agreement

Brexit-168.

In its guide titled ‘IP and Brexit: The facts’ the UK IPO singled out four rights: EU trade marks (EUTM), registered Community designs (RCD), copyright and European patents designating the UK. In summary, and as we noted in our ‘Brexit and IP: A Primer’, the IPO says while the UK remains an EU member there will be no change in legal terms to the first three rights. The European patent system administered by the European Patent Office is outside the EU so Brexit has no impact.

 

Trade marks and designs

The post-Brexit regimes for EUTM and RCD seem to worry owners and practitioners the most, as we recently found out. The IPO says the “government is exploring various options [for their validity in the UK] and we will be consulting users of the system about the best way forward”. For those concerned about future right of representation before the EU Intellectual Property Office, the IPO added: “We welcome views on how to address these concerns and are involving stakeholders in consideration of these issues.”

Copyright

The European Commission intends to further harmonise copyright rules in the EU (the Digital Single Market), and just last month UK law came into force to extend the term of copyright protection for industrially manufactured artistic works. On copyright, the IPO said: “While the UK remains in the EU, our copyright laws will continue to comply with the EU copyright directives, and we will continue to participate in EU negotiations. The continued effect of EU Directives and Regulations following our exit from the EU will depend on the terms of our future relationship.”

Unified Patent Court

It seems we will have to wait until next year to know the UK government’s decision on UPC Agreement ratification. The IPO did not say anything on this, but it noted: “The UK remains a Contracting Member State of the Unified Patent Court at present. We will continue to attend and participate in UPC meetings in that capacity. There will be no immediate changes.”

‘IP and Brexit: The facts’ can be accessed here.

Follow our coverage of Brexit and IP at www.managingip.com/Brexit and the Unitary Patent and UPC at www.managingip.com/upc.

more from across site and SHARED ros bottom lb

More from across our site

Deals between five more law firms and President Trump and an antitrust lawsuit against Amgen were also among the top talking points this week
US counsel explain how they win new cleantech IP business and how they’re navigating the industry’s challenges
Leaders at the IP firms, which have joined forces with backing from a PE investor, share their vision of building the number one pan-European IP practice
Firms will steer clients towards other ways of getting quicker examinations, but fear the ramifications of the USPTO’s decision
Melissa Haapala added that returning to client advocacy and the chance to work on patent litigation were reasons for returning to private practice
Michelle Clark, who has a generalist litigation background, plans to focus on IP disputes at Alston & Bird
Philips and Vivo have entered into a licensing agreement, putting an end to a five-year-old telecom SEP dispute in India
Stefan Müller discusses managing deadlines, the importance of reflection, and why IP is more than just a 'nice to have'
The three founders of the IP firm’s new US offering say they plan to offer a unique proposition in a market fixated by the billable hour
The opinion provides useful guidance when it comes to how courts might consider contributory infringement, DMCA claims, and other issues in AI copyright cases
Gift this article