25 February 2019

UK Intellectual Property Rights and Brexit

Although the terms on which the UK will leave the EU remain unresolved, the UK Government has issued Guidance on Intellectual Property Rights in light of Brexit. The Guidance reiterates the provision that has been made for existing EU registered trade marks and designs (including those protected in the EU through the “International” systems) to be ‘cloned’ into equivalent UK rights following Brexit, even in the event of a no-deal. For applications pending on the date on which Brexit occurs, applicants will be given the opportunity to file corresponding UK applications within a period of time following Brexit.

Venner Shipley would like to reassure our clients that irrespective of how or when the UK leaves the EU, we will take steps to protect clients’ trade mark and design rights to ensure that there is no loss of rights in the UK. 

As the European Patent Office is not an EU body, the UK will remain a member of the European Patent Convention. Therefore, Venner Shipley will continue to represent clients before the European Patent Office in respect of all European patent matters. Furthermore, we will continue to represent clients before the EUIPO in trade mark and design matters.

The Government has also indicated that it will continue to seek participation in the Unified Patent Court and Unitary Patent system post Brexit and we will continue to monitor developments in this area.

If you have any questions or concerns, please contact your usual Venner Shipley attorney or