With Brexit looming, significant uncertainties remain about whether the UK will be able to agree a deal under which to leave the EU, and with every passing day, the risk of delays or a ‘no deal’ Brexit look increasingly likely. In response to these risks, the UK Government have released further guidance1 on its plans to mitigate and minimise any loss of protection for Intellectual Property (IP) rights holders in the event of a ‘no deal’ Brexit. These plans have been incorporated into legislation and draft legislation that is in the process of becoming law and due to take effect on the date the UK leaves the EU2.
These latest developments are good news for rights holders, because they re-affirm (even in the event of a ‘no deal’ Brexit) that the UK Government intends to create equivalent protection for
existing EU rights in the UK following Brexit, to ensure there is no loss of protection when the original EU rights will cease to apply in the UK3, while also providing greater clarity on how this will be done.
This article provides a summary of the expected changes to IP rights following Brexit, based on this latest guidance, as well as highlighting the wider questions that rights holders will need to consider, to ensure that their portfolios remain effective in a post-Brexit landscape.
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