At the Intersection of Technology, Law, and Business
December 04, 2018 - Intellectual Property, European Union

IP Protection Post-Brexit: A Right-by-Right Analysis

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods

The United Kingdom is set to leave the European Union on 29 March 2019 (“Exit Date”).  With Brexit fast approaching, on 25 November 2018 the EU and the UK announced their consensus on a withdrawal agreement that sets out the terms of the UK's exit. But the withdrawal agreement is subject to approval by the UK Parliament ­ which is likely to be controversial.

The post-Brexit treatment of intellectual property (IP) is one of the issues addressed in the withdrawal agreement. For months leading up to the announcement of this agreement, the UK government has also been preparing contingency plans for what might happen if an agreement either couldn’t be reached or was agreed but then rejected by Parliament (the so-called “no-deal” scenario).

In this article, we summarise what IP owners can expect in relation to the various categories of IP when the UK leaves the EU on 29 March 2019. We also set out recommended actions that can be taken to address IP risk – especially in a potential no-deal scenario.