UK votes to leave the European Union

On 23 June the UK voted to leave the European Union (EU).

The bulk of the work we do for our clients is based around the European Patent Office (EPO).  As the EPO is separate to the EU, the UK exit will not affect this work.

To give more detail, this vote does not have immediate effect, in the sense that the UK remains a member of the EU until its departure has been negotiated.  A first phase of uncertainty – about the will of the British electorate – has ended.  But another phase – about the shape of the UK’s future relationship with the other countries of Europe  – has begun. The effect of the vote is being felt across the continent and the eventual scope of the European project and the UK’s position in it remains uncertain for all the countries of Europe.

The UK’s exit negotiations are likely to last two years (and quite possibly considerably longer). During that time, it will be business as usual at E+F.

We will continue to advise and represent our clients in patent, trade mark, and design matters. We will monitor the on-going exit negotiations for you and we will take whatever steps are necessary to ensure that your IP rights are protected throughout the EU, as well as in the UK, during the period of transition and afterwards. We will continue to provide the full range of services that we currently offer to you, as well as any additional services that you need in the newly emerging IP landscape.

Patents

The European Patent Office (EPO) remains the primary focus for European patent protection. The UK’s exit from the EU will not impact on the existing system, because the European Patent Convention (EPC), which governs it, is not connected to the EU. The EPC is a separate international treaty and already includes several non-EU contracting states. Therefore, we can already say with confidence that we will remain able to represent you in all EPO proceedings, without any special changes .

We will also remain able to represent you in UK national patent matters, which may take on increased importance after the UK exits the EU.

Trade Marks and Designs

EU Trade Marks (EUTMs) and Registered Community Designs (RCDs) are an important component of our clients’ IP portfolios. Nothing changes yet for the EUTM and RCD system. But, eventually, it is likely that these rights will cease to cover the UK. The precise arrangements for protecting existing rights will no doubt be part of the exit negotiations.

Rest assured that we will keep you abreast of developments and will advise you on how best to react. Particularly through our representation on the executive of the UK Institute of Trade Mark Attorneys (ITMA), E+F will be active in ensuring that any transitional provisions safeguard our clients' rights and are workable for them.

Supplementary Protection Certificates (SPCs)

SPCs are national rights (albeit based on an EU regulation); therefore, they will remain in force after exit. It is likely that existing SPCs will continue to be recognised and equivalent national legislation will be implemented to ensure that SPCs are still available in the UK post-exit (just as they are today in other non-EU countries, such as Switzerland). We will continue to apply our specialist knowledge and experience in this field to provide centralised advice and support for pan-European SPC filing programs for our clients.