Brexit: intellectual property

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Brexitloket | Business.gov.nl

If you design and make something new, you can protect your creation with intellectual property rights. Examples are patent rights, trademark rights and copyrights. After Brexit, the rules for patents remain the same. Also, EU trademarks registered or granted in the EU before 1 January 2021 will remain protected in the UK. But this does not apply to EU trademarks registered or granted after 1 January 2021.

The information on Brexitloket.nl has been put together on the basis of the agreement between the EU and the UK. The Dutch government is currently analysing the details of the agreement. This means there may be changes to these texts in the near future.

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EU trademarks

Brexit does affect IP rights of your product or service in the UK. For existing EU trademarks, an equivalent UK trademark will be created; for pending and new IP rights applications, the situation has changed. Check our article on IP rights to find out more.

Four questions about patents and Brexit

  1. Will it be possible to apply for a patent in the UK after Brexit?

    Yes, that is possible. Nothing will change in this respect due to Brexit. This is because the UK is a member of the European Patent Convention, which is separate from the EU. The European Patent Convention is also endorsed by non-EU members.
  2. Will my current patent remain valid in the UK?

    Yes, the patent will remain valid in the UK. Brexit will not change that. The route to applying for patents in the UK also remains the same. And when an infringement occurs, you can take exactly the same steps you would have before Brexit.
  3. What about Brexit and the European Patent Convention?

    Brexit does not mean the UK also leaves the European Patent Convention. This is a convention of the European Patent Office, and it is separate from the European Union. Non-member states can be members of the European Patent Convention, such as Switzerland and Turkey. So, the departure of the UK from the EU does not affect its affiliation with the European Patent Convention.
  4. Who can I contact with questions about patents in the UK?

    You can contact your own patent attorney for this. If you do not have one, the experts from the Netherlands Patent Office are also at your service. You can contact them with questions, for example about how to apply for a patent and which steps are involved. Their advice is confidential, which means that your patent rights are not endangered.

This information is provided by

Brexitloket
Business.gov.nl