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IP Protection Issues in Brexit

By Barry J. Schindler, Willie Stroever and Paul Burnett

Entertainment companies routinely enter into international transactions that involve intellectual property (IP) rights. What is the impact of the United Kingdom's vote to exit the European Union (EU) on these IP rights, specifically on patent and trademark rights.

First, the UK government won't invoke Article 50 of the Lisbon Treaty (and put in motion the steps to leave the EU) before the end of 2016. Even after Article 50 is invoked, the United Kingdom will remain a member of the EU for at least two years, while the terms of the United Kingdom's exit are negotiated. During this transitional period, EU legislation remains in effect and no changes to any existing IP legislation are expected. Although the United Kingdom's preferred model for its post-Brexit relationship with the EU is still to be decided ' the current position being that this should be announced in early 2017 ' it is likely that, post-Brexit, patent and trademark rights in the United Kingdom will be different from those in the EU.

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