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.

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