Brexit will make no significant changes because the existing systems will remain in place, operating independently from the EU regime, with all the current conditions and requirements.
The Unified Patent Court will hear cases relating to European patents and the new unitary patent – both administered by the non-EU European Patent Office. The UPC will be in force after 29 March 2019. The start date is dependent on ratification of the Unified Patent Court Agreement by Germany.
If there’s no deal
The relevant EU legislation (or its domestic implementation) will be retained in UK law under the EU Withdrawal Act 2018.
The existing systems will therefore remain in place, operating independently from the EU regime, with all the current conditions and requirements.
Any UK legislation supporting the existing systems will also continue to function as normal.
This means that the EU’s legislation on supplementary protection certificates will be kept in UK law. This law, along with the existing supporting provisions in UK patents legislation, will form the UK’s own supplementary protection certificate regime on exit.
Likewise, all other EU legislation relevant to patents and supplementary protection certificates will be kept in UK law. This will ensure UK law continues to work in respect of biotechnology patents and applications, compulsory licensing arrangements, and exceptions from infringement for the testing of pharmaceutical products. Issues relating to the unitary patent are covered elsewhere in this notice.

Patents granted in the UK will continue to be valid in the UK after the UK leaves the EU.
European Patents granted to UK businesses by the European Patent Office will continue to be valid in the UK after we leave.
The current European patent system will not be affected.

A design that is protected in the UK as a UCD prior to exit day will continue to be protected as a UK Continuing Unregistered Design (CUD).
This right will be automatically established on exit day. It will continue to provide protection in the UK for the remainder of the three -year term attached to the UCD.
The UK will also create a Supplementary Unregistered Design (SUD) that will apply to designs which are disclosed in the UK and other qualifying countries after exit day.

The process of applying for a patent and the examination of applications at the IPO will not change.
Any relevant EU legislation will be retained in UK law under the EU Withdrawal Act 2018.
Any UK legislation supporting the existing systems will also continue to function as normal.

1. EU rights would cover UK IP
2. EU rights are enforceable in UK if owner desires / or pays a fee
3. EU rights re-examined and subject to a fee before registration in the UK
4. Pan-European rights no longer protected in UK
5. EU unregistered design rights will no longer apply in the UK
6. Parallel goods can no longer be imported from EEA

1. Guarantee pan-EU protection without cost
2. Easy to append to EU rights and would cover EU rights holders for UK application
3. Guarantee pan-EU /UK protection
4. Opportunity to licence rights separately. EU judgements will not apply in the UK
5. Removes a risk of exercising a right in the UK
6. Brands can control pricing more effectively and prevent cheap imports from the EEA

1. Unlikely
2. Resolving the status of more than a million pre-existing marks will be a long process and risky (have Trademarks been used in the UK? / only in the UK?). Making the registration subject to a fee might reduce the sheer numbers
3. Refusals would create complications
4. Greater complexity when registering EU rights. Any existing sub-licences would require amendment/renegotiation
5. Risk of damage to the fashion industry which use innovative EU designs
6. Issues with longstanding distributions agreements reliant on such imports. Prices may increase too far and may face legal or legislative challenge

1. Lobby government for a trade treaty to agree this
2. Apply separately for a UK right.
3. Identify those rights which are used in the UK and apply for a separate UK right
4. Review existing licences and agree an approach
5. Register key designs after 9 months or rely on UK unregistered design right
6. Review pricing strategy and imported goods distributed

• Sui generis database rights. The EEA will not have the obligation to provide database rights to UK nationals, residents and businesses.
• Portability of online content services. It will cease to apply to UK nationals when they travel to the UK.
• Country-of-origin principle for copyright clearance in satellite broadcasting. It might need to clear copyright in each member state to which they broadcast.
• Orphan works copyright exceptions.
• Collective management of copyright.
• Cross-border transfer of accessible format copies of copyright works.

• existing registered EU trademarks or Registered Community Designs held will continue to be valid in the remaining EU member states
• existing registered EU trademarks or Registered Community Designs in the UK will be protected through a new, equivalent UK right which will be granted with minimal administrative burden
• we will notify rights holders that a new UK right has been granted by publishing a notification and guidance on our website
• any business, organisation or individual that may not want to receive a new comparable UK registered trademark or design will be able to opt out
• provision will be made regarding the status of legal disputes involving EU trademarks or registered Community designs which are ongoing before the UK courts and more information will be provided on this before the point at which the UK exits the EU
• applicants with pending applications for an EU trademark or a registered Community design will not be notified and after Brexit will need to consider whether they refile with the Intellectual Property Office to obtain protection in the UK
• new applications will be eligible to be filed in the UK for UK trade marks and registered designs as they are now, and at the cost specified in the UK fee structure
• UK applicants, like EU and third country applicants, will continue to be able to apply for protection in the EU through an EU trademark or registered Community design as they do currently

• Protect recognition decisions that have already made; allow applications for recognition which have been made before Brexit to be concluded under the same rules as far as possible and allow individuals to complete temporary and occasional service provision which started before Brexit.
• Retain a general system for recognition where UK regulators will be required to recognise EEA and Swiss qualifications which are of an equivalent standard to UK qualifications in scope, content and level.
• No longer include certain obligations on regulators such as offering compensation measures, partial access and temporary and occasional provision of services. However, it will leave regulators with the discretion to decide how to treat non-equivalent EEA or Swiss qualifications.
• Correct deficiencies in the Regulation of Professional Qualifications Regulations so that the system that is being retained can still function effectively and professionals will retain a route for recognition of their professional qualification.