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ARTICLE · 11 NOVEMBER 2020

What Does Brexit Mean For Intellectual Property?

Gowling WLG
Gowling WLG
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Gowling WLG

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31 January 2020 marked the UK's official exit from the EU.

European UnionIntellectual Property

31 January 2020 marked the UK's official exit from the EU.

So what does "Brexit" mean for intellectual property?

The short answer is: nothing, yet. Although the UK will not, now, participate in the future Unified Patent Court and unitary patent system as and when they get off the ground.

However, changes to the current regime will occur with effect (it is presently expected) from 31 December 2020. The exact changes depend on the terms of any agreement(s) yet to be reached between the UK and the EU addressing their legal relationship from 31 December 2020.

In this article we provide, first, a summary of the changes expected from 31 December 2020 for intellectual property. We then continue with more in-depth commentary outlining: the current legal relationship between the UK and the EU; the legal relationship between the UK and the EU after 31 December 2020, and how EU law will apply in the UK; and exhaustion of intellectual property rights after 31 December

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