BREXIT and its effects on European IP

BREXIT and its effects on European IP
July 13, 2016 Gianna

BREXIT and its effects on European IP

A majority of the citizens of Great Britain have actually voted to leave the European Union. Due to the necessary negotiations with respect to the terms of the withdrawal, the implementation of the Unified Patent Court (UPC) and the Unitary Patent with unitary effect will most likely be delayed considerably. It is to be kept in mind that existing European Patents (nationalized) and European Patent applications are not directly affected by this decision since Great Britain will remain a member of the EPC Agreement.

At this time one can only guess what the consequences of this decision will be for European Union Trademarks and Registered Community Designs. All EU protective rights will remain fully in force in Great Britain until the negotiations have been concluded. Upon conclusion of the negotiations it is most likely that a solution will be a conversion with effect in the territory of Great Britain or a re-registration while maintaining the priority of the European protective rights.

We shall carefully observe the further negotiations and will inform our clients about any possible strategies. We would be pleased to assist you with any IP matters, in particular in connection with Germany and Europe.