Intellectual property (IP) law and Brexit – summary of main requests for the UK government

04 January 2018

The attached Brexit note was sent on 22 December 2017 by the Law Society, the representative body for solicitors in England and Wales, to UK ministers and officials, including the Department for Business, Energy and Industrial Strategy (BEIS) and the Department for Exiting the European Union (DExEU).

The note provides a short list of the biggest areas where UK government action is neces­sary to ensure continuity and certainty of IP law and to prevent disruption both to undertakings which use IP services and IP service providers. Key recommendations are made in the following areas:

  1. Continuation of EU-derived IP rights.
  2. Unitary Patent / Unified Patent Court Agreement.
  3. Exhaustion of rights.
  4. Rights of representation.
  5. Mutual recognition of judgments.

The note has been written or supported by the following office-holders of organisa­tions that represent the main UK IP professions, including IP solicitors, IP barristers, chartered patent attorneys, and chartered trade mark attorneys:


Office held

Organisation represents

Mark Anderson

Chairman, IP Law Committee, Law Society of England and Wales

IP solicitors, both in private practice and in-house

Daniel Alexander QC

Chairman, Intellectual Property Bar Association

IP barristers

Stephen Jones

President, Chartered Institute of Patent Attorneys

Chartered patent attorneys, both in private practice and in-house

Kate O’Rourke

President, Chartered Institute of Trade Mark Attorneys

Chartered trade mark attorneys, in private practice and in-house

James Horgan

President, IP Federation

UK IP intensive industry