You may have already heard that Brexit will have no impact on effect of the European patents in the United Kingdom. For those who wonder whether the same will be the case in respect of other intellectual property rights, the UK Intellectual Property Office (UK IPO) has prepared “IP and BREXIT: The facts” which is an interesting guide offering information on the future of intellectual property (IP) laws following the decision that the UK will leave the European Union (EU). The guide includes most important facts and comments regarding patents, designs, trade marks, enforcement and exhaustion and although it was first published in 2016, it is being updated regularly so as to include the most recent developments in the Brexit process.
With regards to trade mark and design rights, both the UK Government and the European Commission have confirmed their stance that IP right holders should retain the scope of their existing rights, in a process which provides maximum clarity and legal certainty, post-Brexit. Regardless of the intricacies of these arrangements, Wynne-Jones IP is well-positioned to provide an undisrupted service in both the UK and EU, via its membership in pan-European AIPEX, which is one single point of entry, multi-jurisdiction service in managing European portfolios of various IP rights.
The February’s update of the guide informs that the current exhaustion regime is expected to continue at least until UK remains a full member of the EU, with the final shape of it following Brexit still being uncertain.