Get in Touch Menu

Brexit – how will it affect your intellectual property?

14 November 2016

In times of uncertainly, the UK Intellectual Property Office has published guidance following the vote to leave the EU earlier this year. It outlines that:

  • while the UK remains a full member of the EU, then EU trade marks and registered community designs will continue to be valid in the UK
  • there will be a consultation as to ‘the best way forward’ but there is guidance that even after the UK leaves the EU, UK businesses will still be able to register any new trade mark which will cover all remaining EU member states
  • the UK is a member of the International Trade Marks system (the Madrid System) and this allows
  • users to file one application in one language and pay one set of fees to protect trade marks in up to
  • 113 territories, including the EU
  • the referendum result has no impact on the right to apply to the European Patent Office (EPO) for
  • patent protection. It will remain possible to obtain patents from the EPO which apply in the UK,
  • and Brexit will not affect the current European patent system governed by the European Patent
  • Convention
  • whilst the UK remains in the EU, our copyright laws will continue to comply with the EU Copyright Directives. However, whether this remains the case following our exit from the EU will depend on the terms of the UK’s future relationship with the EU
  • the UK is a signatory to a number of international treaties and agreements and this means that UK copyright works (for example music, films, books and photographs) will continue to be protected around the world.

If you have any queries about your intellectual property rights, or the impact that Brexit may have on your business, please contact our intellectual property team.

Partner Paul Gordon joined Willans from a City law firm in January 2005. He has specialised in dispute resolution since qualifying and has handled a broad range of commercial matters, including intellectual property, director and shareholder disputes, and engineering and construction cases. Paul has acted for many notable clients including American Express, PizzaExpress, and a number of major financial loan companies such as GE Capital and Morgan Stanley, as well as many businesses with local interests.

We're here to help
Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Paul Gordon LLB
View profile
Related services
Share this article
Resources to help

Related articles

Tenants already in situ: which notices should landlords be aware of?

Litigation & dispute resolution

Are you a landlord that’s bought or sold a property with tenants already in occupation? Our team of experts offer guidance on which notices landlords should be aware of. Perhaps…

Bethen Abraham LLB (Hons), LLM

Building disputes: Dealing with cowboy builders and legal lassos

Litigation & dispute resolution

Home improvement projects are becoming more popular due to the rise in hybrid working, causing the potential for more building disputes. With more of us benefiting from hybrid and home…

James Melvin-Bath LLB (Hons)
Senior associate, solicitor-advocate

Should the court have the power to make parties engage in mediation?

Litigation & dispute resolution

Should the court have the power to make parties engage in mediation? Our team of experts look into a recent case that sheds light on changes to how courts can…

Evie Claridge LLB (Hons), LLM
Contact us