Intellectual Property Under Brexit
***Sources used on this page***
https://www.gov.uk/government/news/intellectual-property-after-1-january-2021
https://gowlingwlg.com/en/insights-resources/articles/2020/brexit-trademarks-10-key-points/
IP's Before Brexit
Patents
Patents come from the EU and cover products inside the entirety of the EU. SPC's are also granted by the EU. At its most basic form, SPC's are basically 20-year extensions of pharmaceutical and plant protection product patents.
Parallel Exports
A sale of an item between borders of a country residing within the Single Market and a third party trader (or third country). This sale must be done with the IP rights holder's consent. This CAN be applied to media IPs as well.
Trademarks
Trademarks will be filed with the EU and will serve to protect said trademarks throughout EU space. Legal action will also be subject to EU laws rather than one individual company.
Copyright
A copyright license made in the UK would apply to the rest of the EU. This is allowed through the TCA. The TCA also has a commitment to give the original copyright holder a royalty on every resale of a copyrighted item, including media
Summary of Exhaustion IP Rights
***This is my secondary submission***
What did Brexit change?
Patents
Patents and SPC's must now be filed under UK law and jurisdiction. In order for an IP to be covered in the EU you must now file a separate patent in the EU for protection. SPC's work similarly as they must be filed separately as well.
Parallel Exports
Due to Brexit, the UK became a "third country" and must abide by the parallel export rules as a "third country". This would mean if an IP owner wants to sell their product in the EU they must gain the license to do so.
Trademarks
Trademarks will be cloned from EU records over to the UK with the same information given to the EU. In order to trademark an IP in the EU and the UK licenses must be filed in both entities.
Copyright
While copyright licenses post-Brexit operate similarly in the UK as they do in the EU, design IPs must be filed in 2D and 3D formats in the UK. Resale royalties are also slashed in the UK putting the UK market in a severe disadvantage.
Media Repercussions
What could all of this mean for media? As far as art/graphics goes, trademarks and copyrights should either be renewed or at least checked on to make sure you're covered in each country the art/graphics are available in. Companies that rely on characters to form their brand should check as well that they are covered from the danger of another company stealing the IP rights to their mascot.
