Last week the European Commission published a Brexit position paper on dealing with intellectual property issues raised by the UK’s departure from the European Union – which is scheduled to happen at the end of March 2019. The paper focused on existing IP rights, so did not make any mention of patents. The Unified Patent Court agreement is not yet up and running (and thanks to Brexit and a recent court challenge in Germany may not be for quite a while) and, in any case, is not structured as an EU body, while current patent rights are either national or issued by the European Patent Office, which is not an EU institution.

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