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Intellectual Property Rights in the UK After Brexit

BY Lawrence E. Ashery
August 01, 2016

While the dust continues to settle from Brexit, questions abound regarding how the United Kingdom's historic vote to leave the European Union will affect the future. One important subject is intellectual property. How does Brexit affect intellectual property rights in the UK? Intellectual property owners have a variety of mechanisms available for the protection of their patents, designs and trademarks, and Brexit has different significance depending upon how intellectual property protection in the UK was obtained.

Patents

Let's start with patents. For years, the European Union (EU) has been trying to implement a system whereby a single patent would be enforceable throughout Europe. In 2012, the EU seemed to be approaching that goal when the European Parliament passed regulations to implement unitary patent protection. Subsequently, 24 European countries (including the UK) agreed to work out the details for the creation of a Unitary Patent that could be asserted in each country. The European Union was moving forward on this proposal, and they seemed to be making good headway, until Brexit occurred. As the European Union struggles to sort out the details regarding the departure of the UK, the Unitary Patent will take a backseat. That is unfortunate. Obtaining patent protection in multiple countries within Europe can be extremely expensive, as translations are usually required for each country. The price of multiple translations adds up and the Unitary Patent, in many cases, was seen to be a significantly less expensive option. Regretfully, it now seems that it will be a while before this form of intellectual property protection is available.

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