Brexit

Your IP Rights in Europe post Brexit

From 1 January 2021 the UK will no longer be part of EU IP systems. UK intellectual property rights will now co-exist alongside EU and national IP systems in Europe and the European Union.

As a European firm, HGF will continue to advise and to act for our clients in all aspects of patents, trade marks and designs across Europe. HGF will work with our clients to put in place strategies to address the changing IP landscape in Europe.

The headline points

The headline points to note in respect of IP rights post-Brexit are that:

  • UK national IP Rights will not be affected by the UK’s exit from EU
  • Patents obtained via the EPO (which is not an EU institution) will not be affected by UK exit from the EU
  • Comparable UK trade mark and design rights will be created under the terms of the Withdrawal Agreement. On 1 January 2021, the UKIPO created a comparable UK trade mark and design for every registered EU trade mark (EUTM) and Registered Community design (RCD).

HGF continue to represent clients for all matters before the EPO and EUIPO in respect of European IP rights, as well as before national IP offices where we operate.

If you have any questions or concerns about IP Rights, or would like further advice on this matter, please contact your usual HGF attorney.

Discover the Brexit impact on:

Trade marks
Patents
The UPC
Designs

Latest News

T 0883/23: Dosage claims and their entitlement to priority when only the clinical trial protocol was disclosed in the priority application

In a recently issued decision by the EPO’s Board of Appeal (BoA), the BoA held that claims directed to a combination of active pharmaceutical ingredients (APIs) at particular doses were …

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The end of the Brexit overhang for trade marks: review, refile and revoke.

On the 31st December 2025, five years will have passed since the end of the Brexit transitional period on 31st December 2020. Why is this relevant? For UK cloned trade …

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Personal names as 'brands' in the world of fashion

Episode 1 Personal names as ‘brands’ in the world of fashion    

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Colour in fashion and the difficulties of protecting it

Episode 2 Colour in fashion and the difficulties of protecting it  

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Trade marks which are fashion products, and fashion products which are trade marks

Episode 3 Trade marks which are fashion products, and fashion products which are trade marks

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Zombie Fashion Brands

Episode 4 Zombie Fashion Brands  

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Trade mark rights protecting fashion designs

Episode 5 Trade mark rights protecting fashion designs

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Geographical terms and their protection in fashion

Episode 6 Geographical terms and their protection in fashion Teaser  

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If you would like to discuss how HGF could help you, contact one of our specialists.

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