Welcome to our FAQs on Brexit and your IP. Please click the questions in the list below to read the detailed responses. If you have any questions about Brexit and your IP portfolio that aren't covered below, or would like to speak to an IP adviser for detailed responses, don't hesitate to get in touch with our Brexit taskforce.
Cloning of EU rights
Use and reputation
- UK perspective:
- EU perspective:
If a corresponding UCD was established before 1 January 2021 through first disclosure in the EU but outside of the UK, this will not affect the validity of the continuing unregistered design.
- people resident in the UK or a qualifying country
- businesses formed under the laws of the UK or a qualifying country
Where qualification is a result of first marketing, you will need to have disclosed your design in the UK or a qualifying country.
It is not possible to have ‘dual disclosure’ of a design in both the UK and the EU, first disclosure can only be in the UK or EU. Protection will be given in the jurisdiction where first disclosure of the design occurs.
Supplementary Protection Certificates (SPCs)
- MAs which have been converted from existing EMA MAs: valid across the whole UK;
- MAs granted by the EMA: valid for NI;
- MAs granted by the MHRA: valid in England, Scotland and Wales only.
Register for our 7 March webinar in which our experts will explain how to use trademarks, designs and copyright to protect packaging visuals and messaging, and tackle IP infringement and counterfeiting.
The unitary patent and Unified Patent Court (UPC) system are scheduled to come into being on 1 June 2023, with the Sunrise period scheduled to begin on 1 March 2023. No further extensions of these dates are expected.
A thorough review of your trademark portfolio now will put both your IP rights and your business in a strong position for the year to come. Assess your registrations for strength, accuracy and cost with the help of our three-step process.