Brexit: IP one of the ‘least affected’ areas

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Brexit: IP one of the ‘least affected’ areas

AIPPI-2019-Brexit-panel-thumb

Speakers from the UKIPO and Novartis discussed Brexit at the AIPPI World Congress in London, as political protesters gathered outside the Supreme Court just round the corner

AIPPI-2019-Brexit-panel

The panel on Brexit yesterday could not have been more timely: as demonstrators gathered in front of the nearby UK Supreme Court to protest against the temporary suspension of Parliament, the speakers in the QEII Centre kicked off a discussion on how Brexit will affect IP.

Adam Williams, director of international policy at the UKIPO, began the session by telling audience members that his office has been working diligently to ensure a smooth transition for Brexit.

Williams went on to explain that Parliament has only granted his office permission to fix any gaps in legislation and not to tinker with policy changes.

The panellists said patents will be the area of IP least affected by Brexit because of pre-existing international harmonisation.

“Our real focus is trademarks and designs,” Williams said. “After leaving the EU, coverage of these rights will no longer extend to the UK. In the event of no-deal we are committed to giving owners rights similar to the EU rights they had before. Similar arrangements are being made as part of the withdrawal agreement.”

One area of concern for patent owners in the event of a no-deal Brexit is supplementary protection certificates (SPCs).

Williams said: “We recognise that while not many are issued, we know how valuable they are to pharmaceutical companies. In the event of a no-deal we will maintain a functioning SPC regime along the lines of the current system with the same rules and same timing periods and rights for those certificates.”

Ewan Nettleton, senior patent counsel for oncology at Novartis in Switzerland, said he was very pleased with all the provisions made by the UKIPO in preparation for Brexit. As SPCs are of particular importance to his industry, he emphasised that many of the same rights will be extended after Brexit.

“For us at Novartis, thanks to Adam’s diligent work, I am here to say we feel less uncomfortable. It appears that IP is one of the least affected areas by Brexit,” he said.

The Unified Patent Court (UPC) was discussed as a potential Brexit-related concern. With the UPC’s fate lingering in Germany’s Constitutional Court, audience members speculated on how the timing of the court’s decision might be affected by Brexit.

Responding to an audience member’s concern, Williams said any conversation about whether or not the UK – which has ratified the UPC Agreement – would be part of an operational UPC would depend on when Germany issues a decision. 

“In a perfect world you will like us to have the discussion while we are in the EU; logically that is a more pleasant environment. If we exit in October … the conversation is in a more different atmosphere. We are sure of the benefits of the UK to be part of the UPC. My experience says if there is a political will you will find a legal solution.”

Nettleton added that from an industry perspective the UPC would be much stronger with UK involvement.

“It was a surprise to me that I heard the UK would still want to participate in the UPC after Brexit. But then again, after Brexit, nothing can surprise you,” he said.

The Congress finishes today.

Image credit: Simon Callaghan Photography

more from across site and SHARED ros bottom lb

More from across our site

The renowned food brands were represented by a host of lawyers, including members of the firms’ IP teams
Partners at Bird & Bird and Taylor Wessing discuss how Saudi Arabia offers unique opportunities for firms dealing in IP and tech
Attorneys explain why there are early signs that the US Supreme Court could rule in favour of ISP Cox in a copyright dispute
A swathe of UPC-related hires suggests firms are taking the forum seriously, as questions over the transitional stage begin
A win for Nintendo in China and King & Spalding hiring a prominent patent litigator were also among the top talking points
Rebecca Newman at Addleshaw Goddard, who live-reported on the seminal dispute, unpicks the trials and tribulations of the case and considers its impact
Attorneys predict how Lululemon’s trade dress and design patent suit against Costco could play out
Lawyers at Linklaters analyse some of the key UPC trends so far, and look ahead to life beyond the transition period
David Rodrigues, who previously worked at an IP boutique, said he may become more involved in transactional work at his new firm
Indian smartphone maker Lava must pay $2.3 million as a security deposit for past sales, as its dispute with Dolby over audio coding SEPs plays out
Gift this article