The answers to the questions about the consequences of Brexit come from a variety of national (federal, state, etc.) and international sources. They concern relate to the situation after the end of the transition period (from 1 January 2021). The FPS Economy is making every effort doing everything in its power to adapt the texts on its website as quickly as possible. If in doubt, the authentic source of information takes precedence.
New intellectual property rights that require registration do not offer protection in the United Kingdom. If you wish to obtain protection in the UK, you must submit an application for protection with the UK Intellectual Property Office (UKIPO).
Copyright and intellectual property rights in general, that arise automatically upon creation continue, in principle, to be protected in the United Kingdom, on the basis of international treaties that have been ratified by the United Kingdom. However, these treaties offer in some respects less protection than the harmonised EU intellectual property law. It is therefore advisable to regularly check, for example on the UKIPO website, whether the relevant UK legislation has been amended in the meantime.
Expired intellectual property rights in the European Union and the United Kingdom before 31 December 2020 remain expired in both the European Union and the United Kingdom.
Copyright and related rights are still protected in the United Kingdom on the basis of international treaties that have been ratified by the United Kingdom. However, these treaties offer in some respects less protection than the harmonised EU law on certain points. It is therefore advisable to regularly check, for example on the UKIPO website, whether the relevant UK legislation has been amended in the meantime.
The following topics could be subject to other regulations as they are part of the harmonised Community legislation and not of the regime provided by international conventions:
- EU nationals or companies can no longer automatically benefit from sui generis database law protection in the UK.
- The rules concerning the resale right of authors of graphic or visual works of art could be modified.
- An online content provider (e.g. an audiovisual streaming platform) no longer has to automatically give its customers the same content as in their EU home country when they temporarily visit the UK. However, this online content provider can still offer this service to its customers on a voluntary basis, if it has obtained the necessary licences to do so.
- Cultural heritage institutions (museums, archives, libraries, etc.) may no longer be able to rely on an exception to make their work orphan, i.e. works accessible in the UK, whose rightful owner cannot be identified or located.
The representation of rightholders or, for multi-territory music licences, other UK collective management organisations by EU collective management organisations becomes voluntary and is no longer mandatory. This principle is reciprocal and UK collective management organisations are therefore no longer obliged to represent rightsholders or, for multi-territory music licences, other EU collective management organisations.
An EU trademark granted or registered before 31 December 2020 is also registered as a national trademark for the United Kingdom. This is done through an automatic and free procedure in the UK whereby an EU trademark is automatically registered with the UK Intellectual Property Office (UKIPO). In this event, you do not have to do anything. The term of protection for the UK trademark is at least the same.
Only when you renew the EU trademark registered with the European Union Intellectual Property Office (EUIPO) will you also have to renew the corresponding UK trademark with the UKIPO.
An EU trademark registered after 1 January 2021 (even if the registration process started before 31 December 2020) does not offer protection in the UK.
If an EU trademark registration procedure initiated before 31 December 2020 is still pending, this pending EU trademark will have no protection in the UK. You can submit a separate application to the UK Intellectual Property Office (UKIPO) for the same trademark in the UK. If you did so within nine months after 31 December 2020, you can invoke the submission date of your EU trademark application (an ad hoc priority right).
A Community design or model granted before 31 December 2020 is also registered as a national model for the United Kingdom. This is done through an automatic and free procedure in the UK whereby a Community model is automatically registered with the UK Intellectual Property Office (UKIPO). In this event, you do not have to do anything. The term of protection for the UK design or model is at least the same.
Only when you renew the Community model registered with the European Union Intellectual Property Office (EUIPO) will you also have to renew the corresponding UK model with the UK Intellectual Property Office (UKIPO).
An unregistered Community model remains in force as an unregistered model in the UK. The scope and duration of protection of this corresponding national legislation are (at least) identical to those of the unregistered Community model.
Community drawings and models granted since 1 January 2021 do not offer protection in the UK (even if the registration process started before 31 December 2020).
If a Community design or model registration procedure initiated before 31 December 2020 is still pending, this pending Community design or model will have no protection in the UK. You can submit a separate application for the same design or model in the UK with the UK Intellectual Property Office (UKIPO). If you did so within nine months after 31 December 2020, you can invoke the submission date of your Community design or model application (an ad hoc priority right).
The Withdrawal Agreement provides that an EU plant variety right granted before 31 December 2020 is also registered as a national plant variety right in the UK. This registration takes place automatically and free of charge with the Plant Variety Rights Office of the Animal & Plant Health Agency (APHA). You do not need to do anything. The term of protection for the UK plant variety right is at least the same.
On the due date for payment of the annual fee for the maintenance of the Community plant variety right to the Community Plant Variety Office (CPVO), the UK plant variety right must also be paid to the APHA.
A Community plant variety right granted by the European Union Office after 1 January 2021 does not offer protection in the UK (even if the registration process started before 31 December 2020).
If an application for a Community plant variety right started before 31 December 2020 is still pending, the Community plant variety right does not offer protection in the United Kingdom. You may apply separately for your plant variety right to the Plant Variety Rights Office of the Animal& Plant Health Agency (APHA) for a national plant variety right in the United Kingdom within six months after 31 December 2020. You can invoke the submission date of the Community plant variety right as a priority date (an ad hoc priority right).
Brexit has no impact on European patents granted by the European Patent Office. These patents are based on the European Patent Convention, an international convention that also includes non-EU countries such as Switzerland, Norway and Turkey. Nothing changes for pending or future European patent applications either.
The United Kingdom does not take part in the new Unified Patent Court and the unitary patent.
The SPC Regulations (EC) N° 1610/96 and (EC) N° 469/2009 remain applicable for pending applications for Supplementary Protection Certificates (SPC) for medicinal products and plant protection products and for pending applications for the renewal of a certificate already granted. Certificates issued on this basis offer the same protection as SPC regulations.
The FPS Economy is making every effort doing everything in its power to adapt the texts on its website as quickly as possible in the event of modifications. In the event of doubt or discrepancy, the information published by the authentic source takes precedence. Please report any anomaly via info.eco@economie.fgov.be.
