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The potential
IP impact of
Brexit
Background
As has been widely reported, on 23 June 2016, the UK voted to leave the European
Union (EU). However, nothing as a matter of law has changed as a result of this vote to
leave the EU. It is not until the UK Government formally notifies the European Council
under Article 50 of the Treaty on European Union of its decision to withdraw from the
EU that the withdrawal process will commence. Until then, the UK is still a Member
State of the EU, with all existing EU legislation remaining in place.
Given the complexity of the relationship between the EU and its Member States, it
is expected that the withdrawal process is likely to take at least two years. However,
there is a real possibility that the process will take much longer as this is new ground
for all involved. Furthermore, in the light of the significant political and economic
considerations at play, it is of course far from clear what form the withdrawal will
take, for example the UK may (or may not) continue to remain part of the European
Economic Area (EEA), even after leaving the EU.
In what follows, we consider some of the main implications of the UK’s withdrawal
from the EU on various intellectual property rights and systems covering the UK and
Europe. We will also provide some practical guidance on the potential impact this
might have on Israeli businesses seeking to protect their IP in the UK and Europe.
Patents
Not much is expected to change in relation to patents and the patent system in
general as a result of the UK leaving the EU.
European Patents
European Patents are not affected by Brexit. The UK is and will remain a member of
the European Patent Convention (EPC), which is unrelated to - and independent of -
the EU. In fact, there are already several non-EU states that are members of the EPC,
including Switzerland, Norway and Turkey.
European Patents are not affected by Brexit. The UK is and will remain a
member of the European Patent Convention (EPC), which is unrelated to - and
independent of - the EU. In fact, there are already several non-EU states that
are members of the EPC, including Switzerland, Norway and Turkey.