European Patents and SPCs

Brexit will have no consequence on UK membership of the European Patent Organisation (EPO), nor on the effect of European patents in the UK. Accordingly, CMS European patent attorneys based in the UK will continue to be able to represent applicants before the EPO.

Current SPC law in the UK is governed by EU Regulations. In the event of Brexit, the UK government has indicated their plan to incorporate EU law into UK national law.

Please contact Rob Stephen or your regular CMS contact if you have any questions.

CMS UK’s EU trade mark and designs practice

CMS has moved its EU trade mark and designs practice to Poland, with all of CMS UK’s trade mark partners holding continuing representation and audience rights before the EUIPO and the Court of Justice of the European Union, as Irish qualified lawyers operating their EU trade mark business from our Polish office. This ensures that we are able to continue servicing our client’s EU trade mark needs and grow the practice further.

As a result, we will update the representation for all EU trade marks we manage to CMS Poland, (CMS Cameron McKenna Nabarro Olswang Pośniak i Sawicki sp.k). All other non-EU trade mark work will continue to be provided by CMS UK.

If you have any questions or require further information, please contact Sarah Wright, Louise Gellman or your regular CMS contact in our trade mark team.

EU Life Sciences Regulatory Advice

Gareth Morgan and his team will provide EU regulatory advice in the life sciences sector from our Polish office. Please contact Gareth or your regular CMS contact if you have any questions.

Unitary Patent and Unified Patent Court

The UK government has announced that it will not participate in the Unified Patent Court. The CMS IP team remains prepared for the Unitary Patent and Unified Patent Court whenever (and wherever) they might come into effect. 

At present, it is expected that all CMS European patent attorneys, including those based in the UK, will be able to represent applicants before the EPO and to obtain national patents or Unitary Patents granted via the European Patent Office, even after Brexit. It is also expected that our team of lawyers and patent attorneys will have rights of audience before any new post-Brexit settlement resulting in an EU Unified Patent Court
 

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