Brexit Essentials: IP rights post-Brexit28 Mar 2018 | Client publication/article
Following months of silence, clarity on IP issues post-Brexit is emerging for the first time. On 19 March 2018, the EU and UK reached agreement on some key IP Brexit provisions in the Withdrawal Agreement and earlier this month, the Prime Minister offered some insights into Government thinking on IP issues in her Mansion House Speech. The 19 March Agreement is significant for IP owners. There is now confirmation that the status quo will be maintained until the end of the transitional period (December 2020) and following that, there will be continuity of protection in the UK for existing EU trade marks, designs and plant variety rights. However, other areas remain under discussion, notably the registration procedures involved in obtaining equivalent UK rights and how Supplementary Protection Certificates and geographical indications are to be dealt with.
Our Brexit Essentials briefing looks at the detail of what has and has not been agreed on IP under the Withdrawal Agreement. It also considers the UK Government’s position on other areas of concern for IP owners, such as the role of the CJEU and the status of the Unified Patent Court and Unitary Patent and suggests practical steps for businesses to consider in the months ahead.
Susie Middlemiss (partner) and Laura Balfour (professional support lawyer)
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