25 October 2021

UK firms now paying £50,000+ ‘security bond’ to litigate in EU post-Brexit

Mathys & Squire has featured in an exclusive article published by The Telegraph, covering the introduction of so-called ‘security bonds’ of at least £50,000 for UK businesses seeking to litigate in the EU post-Brexit.

Partner Andreas Wietzke, from the Mathys & Squire Munich office, commented: “For British businesses, defending your intellectual property (IP) in the EU has become a much more costly affair since Brexit. This could have a chilling effect on actions by UK litigants in Europe, particularly for startups and SMEs with limited funding.

“For those in the UK with valuable patents or trade marks that are being infringed by businesses in Europe, the decision whether to pursue litigation is not quite so simple as it was before Brexit. Having to put up £50,000 or £100,000 to have your case heard in Germany, France or the Netherlands will give some of them pause for thought.”

Despite these expensive ‘bonds’, with the help of a patent attorney – e.g. through creating inter-EU IP entities, moving IP, or setting up internal licence agreements – businesses still have options when it comes to protecting their intangible assets through litigation.

For more information regarding IP litigation, wherever you are based, get in touch with a member of our team.

Click here to read The Telegraph article in full (login required): ‘Brussels stings British firms with extra legal charges’.

A version of this article has also been published by City A.M. – click here to read in full.