Düsseldorf, 6 July 2016 – IP litigation in Great Britain could soon be associated with much higher investment risks. Post Brexit, EU regulation No. 1215/2012 (the so-called “Brussels I Regulation”) will no longer be valid for the United Kingdom. This regulation determines that judgements rendered in civil as well as commercial cases in one EU country are also recognized in other member states. EU law can thus be given precedence over national law. “With the lapse of the Brussels I Regulation in Great Britain, judgments from UK courts relating to EU IP rights, can no longer be enforced in the EU”, says Philipe Walter, patent attorney and partner at Cohausz & Florack (C&F).
Companies that wish to take action in the UK against IP infringers should therefore carefully consider whether such an investment decision is actually worthwhile. This already applies today: “Even if Great Britain’s exit from the EU should not take effect for another two years, the risks already exist now”, explains Walter. “Thus, the now often heard statement “it’s business as usual” is – in my opinion – highly precarious”.
