Intellectual Property Rights Post-Brexit - An EU Perspective

On 21 September last, the European Commission published a position paper to the EU-27 outlining the proposed starting point for future negotiations with the UK on its withdrawal from the EU in the area of protection of intellectual property rights ("IPR"). In this regard, the paper identifies five general principles which should be applied in accordance with EU law as interpreted by the Court of Justice of the EU as of the date of entry into the withdrawal agreement with the UK. These general principles broadly relate to the following issues:

1. protecting existing IPR;
2. future IPRs;
3. supplementary protections;
4. database rights; and
5. exhausted rights.

It should be noted that the concept of IPR having a 'unitary character' as mentioned throughout the paper refers to rights granted by EU law on an EU wide basis such as EU trademarks, community designs and geographic indications. The Unitary Patent System, is not addressed in the paper and will be considered