Understanding the legal implications of Brexit

What Brexit means for intellectual property, data handling and more

The Intellectual Property Office has produced guidance setting out arrangements during the transition period and from January 1, 2021. This covers EU trade marks, registered community designs, unregistered designs, international trade mark registrations, rights of representation, patents, supplementary protection certificates, exhaustion of rights and copyright. The rules governing address for service for intellectual property rights in the UK will change on January 1.

There is specific guidance for food and drink producers with ‘geographical indication’ (GI) protection.

There is guidance on how to use the UKCA (UK Conformity Assessed) marking. The UKCA marking is a new UK product marking that will be used for goods being placed on the market in Great Britain. It covers most goods which previously required the CE marking. The UKCA marking can be used from 1 January 2021. However, businesses will still be able to use the CE marking until January 2022 in most cases.

If your business receives personal data from partners or suppliers in EU or EEA countries, act now to ensure can still do so legally when the transition period ends. Personal data is any information that can be used to identify someone.

The Information Commissioner’s Office has issued guidance on data protection once the transition period ends.

There is also guidance on sui generis database rights – changes to protection in the EU for databases produced in the UK.

Here’s a round-up of other legal and technical issues:

Cumbria Chamber of Commerce has recorded a podcast and webinar with Alex Craig, head of commercial at law firm Muckle, exploring the impacts of Brexit on data flow and intellectual property rights.