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The guidance note talks about patents. As readers will know, much of the substantive UK patent law comes from international conventions. Consequently, patents are largely outside the remit of the EU and there are less Brexit related issues to consider. However, with the unified patent court as the mystery wild card in the patent mix, arguably patents raise more complex Brexit questions. The full guidance note is available here . As for trade marks & designs and exhaustion of rights, the key bits are below together with a bit of commentary. SPCs, biotech, compulsory licences and clinical trials  The plan is for the EU Withdrawal Act 2018 to save the day and ensure that relevant EU legislation is retained in UK law. Consequently, "the existing systems will... remain in place, operating independently from the EU regime, with all the current conditions and requirements." This means that EU law on SPCs will be kept in UK law and "this law, along with the existing supporti...

The UK government guidance on a no deal scenario also considers the situation for trade marks and designs . To save readers' paws the trouble of clicking through, the abbreviated text for each section is below together with some gratuitous use of bold and initial thoughts on what this could mean. As they are unitary rights, the EU trade mark and registered Community designs are the most harmonised areas of IP law but in some respects, they offer the simplest solutions. EU trade mark and registered Community designs existing registered EU trade marks or registered Community designs held will continue to be valid in the remaining EU member states protection of existing registered EU trade marks or registered Community designs in the UK will be through a new, equivalent UK right which will be granted with minimal administrative burden right holders will be notified that a new UK right has been granted. Any business, organisation or individual that may not want to receive a new compara...