Are you concerned about the impact of Brexit on your IP lifecycle? We’ve prepared the following guidance as the introduction to our new Brexit and IP five-part info series where we detail the impacts of Brexit on the various stages of the IP lifecycle.
1. Research and development
Funding:
- UK has committed to research funding of £22 billion per year by 2024/25
- UK researchers can participate in Horizon Europe, subject to agreement on UK's financial contribution
Talent:
- New points-based immigration system applies
- An Office for Talent is established to smooth the visa application process
- A new Global Talent visa will allow leading overseas scientists and researchers to work in the UK
2. Protection
Technology:
- The existing European patent system remains unaffected
- The EU database right no longer applies. Databases remain protected through copyright
- When in force, the EU unitary patent system may help UK businesses protect technology in EU countries
Brands:
- A UK equivalent to an EU trade mark is automatically granted
- An application is required for a UK equivalent to any pending EU trade mark application
Designs:
- A UK equivalent to a registered community design is automatically granted
- An application is required for UK equivalent to any pending registered community design application
- A new supplementary unregistered design right will automatically protect the appearance of products
3. Regulation
Registration:
- Pharmaceutical products and medical devices must be registered with the MHRA
Responsible person:
- A UK responsible person must be appointed by EU/oversees manufacturers of medicines, medical devices and other regulated goods
Marking:
- The new UKCA mark must be applied to certain goods marketed in Great Britain.
- The UK(NI) mark is required for goods marketed in Northern Ireland
- The CE mark is also required for regulated goods intended for the EU market
4. Commercialisation
Manufacturing:
- The EU-UK trade deal ensures tariff free imports.
- A new VAT import regime applies
- Enhanced customs declarations and checks may slightly delay supplies of materials and components
Export:
- The EU-UK deal ensures tariff free exports to the EU. Enhanced customs declarations and checks may slightly delay export process
Licensing:
- Licensing arrangements with EU manufacturers or distributors may benefit a commercialisation strategy within the EU
5. Enforcement
Representation:
- An EU representative must be appointed in trade mark and design proceedings before the EU IPO
CJEU decisions:
- CJEU decisions made after 1 January 2021 are not binding on the UK
Unitary Patent Court:
- When in force, UK businesses may face litigation within the new EU Unified Patent Court, if their actions within EU countries infringe existing rights
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