Brexit Impact On Intellectual Property Rights To Be Known Only After UK Exit Terms Finalized

Dawn Rudenko is a Partner in Holland & Knight's Stamford office

Although the United Kingdom (UK) vote to leave the European Union (EU) will ultimately impact intellectual property (IP) rights in both territories, the UK remains a member of the EU until the exit terms are formalized, so there is no immediate impact and will likely be none for several years. The Treaty on European Union, Article 50, provides for a minimum of two years to formalize the UK's exit from the EU.

Potential Future Brexit Impact on Trademarks and Designs

Once the exit terms are finalized, the transitional IP terms will likely include mechanisms for the conversion of EU rights to UK rights, such as conversion to national applications or perhaps enactment of legislation extending European Union Trademarks (EUTM) and European Community Designs to the UK. These mechanisms will likely come at a cost, including additional filing fee requirements for conversion, and also create certain risks,