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Once the UK leaves the EU, separate UK national and EU applications are likely to be
required if coverage is required for both the EU and the UK.
Other rights
There are a multitude of other IP rights that are likely, albeit to varying degrees, to be
affected by the UK leaving the EU. However, these remaining rights are generally non-
monopolistic rights and automatically subsist (such as copyright, unregistered design
rights, trade secrets, etc.), or tend to have relevance to very specific areas (such as plant
breeders' rights). For example, at present, distinct but parallel UK and EU Unregistered
Design Right systems both have effect in the UK. However, the EU system is expected
eventually to cease having effect in the UK after the UK leaves the EU.
Practical guidance for Israeli businesses
There are likely to be unexpected consequences for IP in both the UK and Europe as
the UK makes arrangements to leave the EU and then once it actually leaves the EU.
A few key practical points for Israeli businesses:
• Nothing is expected to change in relation to UK and European Patents as a result
of the UK leaving the EU.
• The future of the Unified Patent System in the light of the UK leaving the EU is
highly uncertain – it may or may not include the UK, its coming into effect will likely
be delayed for some time, and it might not get off the ground at all.
• If the Unified Patent System does proceed without the UK, then this will detract
from its appeal, notably as a forum for central revocation and litigation. An
additional factor that needs to be borne in mind if the system does not include
the UK is that its cost-benefit may no longer be favorable (presuming the current
renewal fee proposal is retained).
• Given the current uncertainty, were the Unified Patent System to come into effect
in the near future, it might be prudent for applicants to opt-out of the system
initially. However, this should of course be considered on a case-by-case basis.
• It is advisable for businesses to review all their existing IP licenses and other
agreements to determine whether they may require amendment to take account
of the effect of the UK leaving the EU.
• In one way or another, the applicability of European Registered and Unregistered
Designs and European Trade Marks in the UK will change in time; this may mean a
change in IP strategy for Israeli businesses wishing to seek protection in both the
EU and the UK. Businesses wishing to have greater certainty/flexibility regarding
their registered design rights and trade marks in the EU and UK in the lead up to
the UK leaving the EU might consider filing parallel EU and UK Registered Designs
and Trade Marks.
• It might be appropriate for Israeli businesses no longer simply to rely on EU
Unregistered Design Rights to protect their designs in the UK, but instead to seek
registered design protection.
It is advisable for businesses to review all their existing IP licenses and other
agreements to determine whether they may require amendment to take
account of the effect of the UK leaving the EU.