How Will Brexit Affect IP Rights? Are You Covered?

• Published date: 22 February 2021
• Subject Matter: Intellectual Property, Patent, Trademark
• Law Firm: Zacco
• Author: Mr Magnus Ljungdahl, Malin Thunberg McCann, Louise Thorning Ahle, Linda Methlie and Alison Lawson

Brexit has happened, and the transition period ended on the 31st December 2020. Have your IP assets, contracts and agreements been reviewed accordingly? If not, talk to us!

Please note, this article was updated on 15th February 2021 to reflect the latest and most relevant information following the UK's withdrawal from the EU.

Brexit has happened, and the transition period ended on the 31st December 2020. Have your IP assets, contracts and agreements been reviewed accordingly? If not, talk to us!

Here are some quick tips on what you need to consider:

IP Rights after Brexit

From the 1st January 2021, EU Trademarks (EUTM) and Community designs no longer offer protection rights within the UK. Current EUTMs, licenses or agreements covering Intellectual Property (IP) rights remain valid within the EU, while in respect of registered IP rights, the UKIPO has created a comparable UK trademark or design right for IP holders and owners. These cloned rights, being separate from those of the EU, may still require amendments to or redrafting of existing contracts referring to the EU to acknowledge existence of the new rights, and ensure that they remain recognised under existing agreements.

New legislation within the UK ensures that licenses or security interests recorded against an EUTM or Community design, subject to any specific conditions therein, continue to hold legal effect. Zacco can assist with amending current or drafting new rights agreements and help you to fulfil your obligations to inform potential licensees of their existence and any changes. This includes identifying if the creation of said rights has potentially breached existing contractual obligations or agreements.

The UK remains part of the European Patent Convention and, as such, applications to the EPO, as well as existing patent validity, remain largely unaffected. The European Patent Office is an independent international organisation, rather than an EU agency, and therefore...