Impact of BREXIT on European Intellectual Property

On 23 June 2016, the referendum held in the UK tailored history and after 43 years of membership, a small majority of UK citizens decided to leave the EU. As one of the leading countries, with the second largest nominal GDP in the EU, it is safe to say things will now have to notably change. However, it should be mentioned that the switch will not come overnight, there are negotiations to be held and conditions to be met, and the real exit is not expected for a couple more years.

First thing to know is that EU trademark and design systems will no longer be applicable in the UK. Likewise, EU Courts will no longer be an option for the UK citizens.

UK-based lawyers will not be able to represent their clients in front of the EUIPO. They ought to expect a drop in their workload, because companies might change to attorneys eligible for EU-wide representation. In case the UK joins the European Economic Area (EEA), there is a possibility of representation, but this is very uncertain at this early stage.

Current trademark owners might have to reapply for UK national trademark via UK IPO or WIPO. It is probable that there will be a transitional period for UK trademark owners, but there are several possible scenarios that could play out. Whether there will be a conversion process or will UK decide to keep the status quo, it is currently impossible to tell.

As a result, all of this is predicted to affect UK business. The process of registration will now be more complex and lengthier, and more displeasing for both the UK-based and the international companies. Therefore, it a drop in economy is expected.

For more detailed information, please visit http://www.itma.org.uk/membership/resources/eu_referendum.