Brexit

Your IP Rights in Europe post Brexit

From 1 January 2021 the UK will no longer be part of EU IP systems. UK intellectual property rights will now co-exist alongside EU and national IP systems in Europe and the European Union.

As a European firm, HGF will continue to advise and to act for our clients in all aspects of patents, trade marks and designs across Europe. HGF will work with our clients to put in place strategies to address the changing IP landscape in Europe.

The headline points

The headline points to note in respect of IP rights post-Brexit are that:

  • UK national IP Rights will not be affected by the UK’s exit from EU
  • Patents obtained via the EPO (which is not an EU institution) will not be affected by UK exit from the EU
  • Comparable UK trade mark and design rights will be created under the terms of the Withdrawal Agreement. On 1 January 2021, the UKIPO created a comparable UK trade mark and design for every registered EU trade mark (EUTM) and Registered Community design (RCD).

HGF continue to represent clients for all matters before the EPO and EUIPO in respect of European IP rights, as well as before national IP offices where we operate.

If you have any questions or concerns about IP Rights, or would like further advice on this matter, please contact your usual HGF attorney.

Discover the Brexit impact on:

Trade marks
Patents
The UPC
Designs

Latest News

IP Ingredients: Winter Case Law Review 2024

As the nights draw in and the frenzy to finish everything off before the holiday season reaches its peak, it’s time to take a break, grab your favourite hot beverage …

Read article

Fashionably IP Podcast – Episodes 31-40 – exploring hot topics in the world of fashion and intellectual property

Episodes 31-40 of the Fashionably IP Podcast where we will be looking at important hot topics in the world of fashion and intellectual property. We will be focusing on key …

Read article
Event - 5th February 2025

Defense and attack of patents at the DPMA, ÖPA, EPO and UPC

Patents are the key to securing your technological advantage – but what should you do if your rights are challenged? Or if you yourself have to take action against a …

Event details

With the EPO and UPC adopting different frameworks for inventive step, is there potential for conflicting decisions?

The EPO regularly applies the problem and solution approach when deciding whether an invention involves an inventive step.  Central to this approach is identifying the technical differences between the invention …

Read article

Paris Central Division of the UPC has provided guidance on what constitutes common general knowledge (“CGK”)

Netherlands B.V. v VMR Products LLC [UPC_CFI_307/2023] –Paris Central Division (Catalozzi, Zhilova, Tillmann) – 29 November 2024 The Paris Central Division of the UPC has provided guidance on what constitutes …

Read article

HGF CEO Martyn Fish named one of Managing IP's most influential people in IP 2024

We are proud to share that our CEO, Martyn Fish, has been recognised as one of Managing IP’s 50 most influential people in IP for 2024! This fantastic recognition reflects …

Read article

UPC Court of Appeal Remits Meril’s request to stay infringement proceedings pending the outcome of EPO opposition

Meril Life Sciences PVT Limited & ors v Edwards Lifesciences Corporation [UPC-CoA-551/2024] –Court of Appeal of the UPC (Grabinski, Blok, Gougé) – 21 November 2024 The UPC’s First Panel of …

Read article

Agritech Thymes: Arusha Protocol Enters into Force

Since being introduced in July 2015, the Arusha protocol for the protection of novel plant varieties in Africa has finally entered into force on the 24th November 2024, after ratification …

Read article
See all updates

Let's talk

If you would like to discuss how HGF could help you, contact one of our specialists.

Contact us