Last week, the British people decided that the UK should leave the European Union (“Brexit”). This will also have an impact on intellectual property rights with protective effect in the UK

Patents: No direct effects are expected for national British Patents. The European Patents are based on a treaty independent of the EU. It retains its effect in relation to the UK, and future European Patents can also be validated in the UK.

Brexit is likely to have an impact on the Unified Patent Court (UPC) and the patent with unitary effect, which are currently in preparation. At the very least, delays are to be expected. The UK is also unlikely to be covered by either the UPC or the patent with unitary effect.

Trademarks: No direct effects are expected for national British Trademarks or international trademark registrations designating the UK. However, EU Trademarks are likely to lose their effect in the UK at an as yet unknown point in time or no longer have any effect at all. It is to be expected that a possibility will be created to obtain national trademark protection in the UK based on existing EU Trademarks. However, particularly when filing international trademark registrations, it already seems sensible from a cost/benefit perspective to designate the UK nationally in addition to the EU.

Designs: Similar to Trademarks, no direct effects are to be expected for national British Designs. However, EU designs are likely to lose their effect in the UK at a time that is still unknown today, or no longer have any effect at all. It is to be expected that a possibility will be created to obtain national Design Protection in the UK based on existing EU Designs. If Design Protection in the UK is of particular importance, it should be examined in the case of new filings whether national Design Protection should be sought – irrespective of protection by an EU Design.

The above information is based on estimates and general expectations. The future will show how the UK’s exit will actually be implemented at the level of intellectual property rights.