BREXIT’S IMPACT ON INTELLECTUAL PROPERTY RIGHTS

ABSTRACT

The functioning of the European Union (EU) and its most important component, the Single Market, have been and are being challenged by the United Kingdom (UK)’s decision to leave the EU, popularly known as Brexit. The UK decision to leave the EU, accordingly, reflects not only on the political-trade constellations between the two entities but also has an impact on the rights acquired by private entities (natural and legal persons). Accordingly Brexit has its implications for intellectual property rights that are harmonized within the EU at a high level, and it also has an impact on the unitary intellectual property rights that exist and operate successfully at EU level. The purpose of this paper is to summarize the effects that Brexit has on intellectual property rights, what will be the treatment of already recognized intellectual property rights in the UK, and how future trade relations between the EU and the UK will affect the regulation of these rights. Therefore, the paper compares the existing acts regulating intellectual property rights and the future steps to be taken by the UK with regard to the regulation and transposition of unitary intellectual property rights, as well as an analysis of changes to the UK intellectual property law as a result of Brexit. The paper partially analyzes intellectual property rights including patents, supplementary protection certificates, trademarks, designs, plant variety rights, protected geographical indications, and copyrights.

Keywords: Intellectual property rights, Brexit, European Union, United Kingdom