02 March 2018

Provisional IP Brexit Arrangements

The 28th February 2018 saw the EU Commission release a draft “Withdrawal Agreement” outlining the provisional arrangements for the United Kingdom to withdraw from the EU and from the European Atomic Energy Community.
The text will undergo further review by both the European Council and Brexit Steering Group of the European Parliament before being presented to the UK Government for further negotiation and, as such, is still subject to change.

Key Points

  • No unexpected guidelines relating to IP.
  • EU trade mark, design and plant variety rights holders will enjoy comparable registered and enforceable IP rights in the UK via replication of their existing EU registrations.
  • These UK registrations will not be re-examined by the UK Intellectual Property Office and no charges will be levied.
  • The information required for the registration will be provided to the UK authorities by the EU Intellectual Property Office, the Community Plant Variety Office and the European Commission.
  • Patents are unaffected
The text will be welcomed by EU-wide rights holders since it suggests that no loss of rights will occur on account of Brexit.
For the full draft text, click here and keep an eye out for further updates on our News and Insights page.
To discuss further, reach out to your attorney.