Details of a Brexit deal are still under negotiation and IP rights based in EU law will be affected when the UK leaves the European Union. Womble Bond Dickinson nicely sum up the practical advice for rights holders and licencees in their article "Brexit and… IP transactions". Rights holders may also wonder how European Patents will be affected.
European Patents are administered by the European Patent Office, which is not linked to the European Union. As such, existing European Patent Applications covering the UK will not be affected when the UK leaves the European Union. UK businesses (and those based overseas) will still be able to file new European Patent Applications.
The ability of us as European Patent Attorneys based in the UK to represent our clients will also be unaffected by Brexit. We will continue to assist our clients with new and existing European Patent Applications, regardless of the outcome of the UK's negotiations with the EU.
More information can be found on our website: https://www.boult.com/bulletins/update-eu-patent-protection-brexit-2/
The Draft Text highlights that there will be changes to the treatment of certain IP rights based in EU law , such as EU trade marks, Community (registered and unregistered) designs and database rights. Whilst the Draft Text suggests that holders of such rights will be granted a 'comparable' UK right after the transition period, it is unlikely that arrangements relating to the licensing of such rights will automatically include extensions of, or changes to, such rights, so licensees may lack rights they need to fulfil obligations, or enjoy full benefit, under the agreement.