The United Kingdom’s (UK) vote to leave the European Union (EU) has no immediate consequences on the EU’s intellectual property protection system, although it has caused much turmoil.
The UK Parliament must issue a decision before the UK Government can officially notify the state’s intention to leave the EU.
Official notification will set off a 2-year negotiation period with EU authorities. This period will most likely be extended, given the complexity of this unprecedented case.
Not all consequences of Brexit on EU Trademark or EU Design rights are predictable at this stage. However, if and when Brexit takes place, it is likely that the UK will legislate to preserve and recognize the rights already acquired through those EU trademarks applications and registrations that will thereafter no longer cover UK territory.
Brexit will not affect the UK’s membership in the European Patent Convention and in the European Patent Office, since these are not EU institutions.
The EU Unitary Patent Regulation and the Unified Patent Court Agreement, to take effect in most EU countries, may be delayed and re-negotiated in some aspects.
Therefore no immediate action or change of practice is required, while it will take time to understand any further developments of Brexit.
13 July 2016