Smit & Van Wyk Patent, Trademark & Registered Designs

Brexit effects on Intellectual Property

Intellectual Property

A portmanteau of the words “Britain” and “exit,” it is the nickname for a British exit of the European Union. The UK refers to the union of what were once four separate nations: England, Scotland, Wales and Ireland (although most of Ireland is now independent).

England and Wales voted strongly to leave the EU, and Scotland and Northern Ireland both voted to stay in the EU. The majority of British and Irish citizens voted to leave the European Union.

How will Brexit effect your Intellectual Property?

It is uncertain when the UK will exit the European Union, but once the UK officially notifies the EU of its intention to leave, there is a period of two years in which negotiations for the terms of the exit must be completed. Intellectual Property protection in the UK is a key issue regarding the Brexit results and here are some details provided below.

Patents
The European Patent Convention (EPC) is independent of the European Union. The UK’s membership of the European patent system is thus independent of its membership of the EU. After the UK leaves the EU, they will remain a contracting state of the European Patent Convention. The UK will continue to be available to be designated in a European patent application.

Unified Patent Court and Unitary Patent
The Unified Patent Court (UPC) is due to come into existence in 2017, with European patent holders able to request a Unitary Patent (UP) from the date of opening of the UPC. There is likely to be a delay in the opening of the UPC in view of the UK’s decision to leave the EU.

Trademarks and Designs
There will be no immediate loss of protection and once the UK ceases to be a member of the EU, EU-based Trademark and Design rights with respect to the UK will most probably need to be validated in the UK by way of a conversion procedure without any loss of priority in terms of filing dates.

Information source:www.murgitroyd.com
27 June 2016

Posted on 27 June 2016
Home / Blog / Brexit effects on Intellectual Property

View our Awards & Listings

MIP IP Stars   WTR   Global Chambers   Lexology  I AM PATENT   WWL

Intellectual Property in South Africa

Smit & Van Wyk deals exclusively with patents, designs, trademarks, copyright and plant breeders’ rights in South Africa. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.

Patent Attorneys
It is highly recommended that your claims be written by a qualified patent attorney or patent agent. The patent attorneys at Smit & Van Wyk provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing and prosecution.

South Africa Intellectual Property
Smit & Van Wyk deals exclusively with patents, designs, trademarks, copyright and plant breeders’ rights in South Africa. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio.

Franchise Attorneys
Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the franchisor, as well as the franchisee. 

PCT National Phase Patents
The PCT National Phase is the second of the two main phases of the PCT procedure. It follows the international phase and consists in the processing of the international application before each Office of (or acting for a Contracting State) that has been designated in the international application.