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Intellectual Property Rights and Brexit

Charting the options

27 February 2019

The attached (updated) chart provides a summary of how various aspects of intellectual property law in the United Kingdom will be affected by the draft withdrawal agreement published on the 14 November 2018, or alternatively in the event of a no-deal Brexit.

OVERVIEW

The chart overleaf provides a summary of how various aspects of intellectual property law in the United Kingdom will be affected by the draft withdrawal agreement published on the 14 November 2018, or alternatively in the event of a no-deal Brexit. The information on the implication of a no-deal Brexit was taken from a series of technical notes published by the UKIPO on 24 September 2018 as amended.

The technical notes give additional detail about changes to copyright law on a crash out Brexit. These cover issues that depend largely on reciprocity with the EEA which would be put into disarray when the UK leave the single market. These will have specific effects on sectors such as collecting societies and satellite broadcasters.

More information on these implications can be found in a previous update.

The UK’s membership of the European Patent Convention will remain following Brexit and EP applicants will still be able to designate the UK. Whether the UK will be able to participate in the Unified Patent Court system if it comes into effect remains highly uncertain.