June 29, 2016
Authored and Edited by Clare A. Cornell; Julia Anne Matheson
On 23rd June 2016 the UK public voted to leave the European Union. Despite the vote to leave the EU, the UK will continue to abide by EU laws until exit is finalized.
Before the process of leaving the EU can be put into motion, the UK will need to invoke Article 50 of the Lisbon Treaty, which has yet to occur. Once Article 50 is invoked, it is expected that the terms of exit will take around 2 years to establish. This 2 year period is set in the Lisbon Treaty but can be extended with the agreement of the 27 remaining EU member countries.
During these next few months it will become clearer how the impact of leaving the EU will affect European intellectual property rights. Of particular significance will be whether the UK decides to join other trade agreements such as the European Free Trade Agreement, or be a part of the European Economic Area.
Below is a summary of the changes we can expect:
We also recommend that the terms of existing agreements and licenses be reviewed. Agreements and licenses where the scope is defined using the EU as a territorial description will be compromised by the UK’s withdrawal from the European Union and will require amendment.
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